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HomeMy WebLinkAbout2005-075 - Portion of Broadway Place and Broadway West of Main Street 7/19/05105 RESOLUTION NO. 2005-075 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SANTA ANA VACATING A PORTION OF BROADWAY PLACE AND BROADWAY WEST OF MAIN STREET (ABANDONMENT NO. 03- 05) BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted, on July 5, 2005, Resolution No. 2005-065 wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of Broadway Place and Broadway west of Main Street in order to facilitate improved vehicular and student circulation for the newly constructed Manuel Esqueda Elementary School. B. Santa Ana Unified School district will purchase the underlying fee interest in said portion of Broadway Place from the City in the amount of $1.00. C. The width of the proposed abandonment area will vary, from 22 feet at the new school bus and drop-off turn out to 32 feet at the full width sidewalk, as shown on Exhibit A and B attached hereto and incorporated herein by this , reference. D. Easements for the City's storm drain facilities and the Orange County Sanitation District sewer facilities are hereby reserved. E. Resolution 2005-065 gave notice that at its meeting of August 1, 2005, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. F. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. G. This Council further finds that notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. H. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of said portion of the street and received and considered all evidence submitted. Resolution No. 2005-075 Page 1 016 I. This Council finds from all the evidence submitted that said portion of the street is unnecessary for present or prospective public use, based upon the following findings of fact: a. Said portion of said street is not necessary to provide access to abutting property owners; and b. Said portion of said street is unnecessary for present or prospective public use. J. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street nor any part thereof is useful as nonmotorized transportation facilities, as defined in section 887 of said Code. Section 2. This Council does hereby order that that portion of Broadway Place and Broadway west of Main Street as shown on the map labeled Exhibit A and B attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. Section 3. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of Broadway Place and Broadway west of Main Street hereby vacated. The City Council also reserves and excepts from the above vacation easements for the City's storm drain facilities and the Orange County Sanitation District sewer trunk facilities. Moreover, if there are any in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. Section 4. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 2003-260 will be filed for this report. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. Section 6. Said portion of the street shall not be deemed vacated until this resolution is recorded. Resolution No. 2005-075 Page 2 ot6 ADOPTED this 1 st day of August, 2005. ~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY:b~~ (,~ isa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez. Bisl. Bustamante. Christv. Garcia. Pulido Solorio (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-075 to be the original resolution adopted by the City Council of the City of sant~ Ana on August 1, 200.5./, . '. / t L' Date: ;;: It ,;/ Ie ) - 2t.l:LI~" r<.....-" '/ / r--z;: - / / Clerk of the Council ' " City of Santa Ana Resolution No, 2005-075 Page 30t6 EXHIBIT "A" LEGAL DESCRIPTION BROADWAY AND BROADWAY PLACE STREET VACATION Those portions of the South II, ofthe South II, of the Southeast 1/4 of the Southeast 1/4 of Section 24, Township 5 South, Range 10 West, San Bernardino Meridian, in the CITY of SANTA ANA, COUNTY of ORANGE, STATE of CALIFORNIA, Together with a portion of the land allotted to F. W. Koll as recorded in Book "B", Page 410 ofJudgements of the District Court ofthe 17th Judicial District in and for Los Angeles County, California, described as follows: PARCEL 1: Broadway Place & Broadway The VACATION of that portion of the existing right-of-way of Broadway and Broadway Place, described as follows: Beginning at the intersection of the centerlines of Main Street, 119 feet wide, and Broadway Place, 92 feet wide; Thence North 66037'36" West along said centerline of Broadway Place 60.83 feet; Thence at right angles South 23022'24" West 46.00 feet to the TRUE POINT OF BEGlNNlNG, being a. point in the southwesterly right-of-way line of said Broadway Place, per deed recorded December 6, 1940 in Book 1062, Page 451, of Official Records; Thence North 66037'36" West along said right-of-way line 414.35 feet to the beginning ofa tangent curve concave northeasterly and having a radius of346.00 feet; Thence northwesterly along said curve through a central angle of21 029'16" an arc distance of 129.76 feet to a point of reverse curvature with a curve concave southeasterly and having a radius of 10.00 feet; Thence westerly and southwesterly along said curve through a central angle of 133029'16" an arc distance of23.30 feet to a point oftangency with the easterly right-of-way line of Broadway, 85.00 feet wide, Thence along said easterly line South 1022'24" West 24.54 feet to a point hereinafter referred to as POINT "N', said point also being on a non-tangent curve concave northeasterly and having a radius of92.00 feet, a radial line of said curve through said point bears South 45"27'09" West; Thence northwesterly along said curve through a central angle of39014'33" an arc distance of 63.01 feet; Thence North 24055'24" East 17.12 feet; Thence North 55009'06" East 17.35 feet; Thence South 82000'51" East 23.12 feet to a point in a non-tangent curve concave southwesterly and having a radius of 62.00 feet, a radial line of said curve through said point bears North 50049' 12" East; THENCE southeasterly along said curve through a central angle of 17024'16" an arc distance of 18.83 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of78.00 feet; THENCE southeasterly along said reverse curve through a central angle of27012'20" an arc distance of37.04 feet to a point of compound curvature with a curve concave northeasterly and having a radius of324.00 feet, said compound curve being concentric with and 22.00 feet northeasterly of said existing southerly right-of-way line; THENCE southeasterly along said compound curve through a central angle of 17038'44" an arc distance of 99.78 feet; THENCE tangent to said curve South 66037'36" East 148.71 feet to the beginning of a tangent curve concave northerly and having a radius of 108.00 feet; THENCE easterly along said curve through a central angle of 18011'42" an arc distance of34.30 feet, to a point of reverse curvature with a curve concave southerly and having a radius of92.00 feet; THENCE southeasterly along said curve through a central angle of 18011'42" an arc distance of29.22 feet; Thence tangent to said curve South 66037'36" East 192.86 feet; THENCE South 33039'18" East Resolution No. 2005-075 Page 4 016 28.52 feet to a point in a non-tangent curve concave westerly and having a radius ofn.OO feet, a radial line of said curve through said point bears South 85022'56" East; THENCE southerly along said curve through a central angle of 15035'04" an arc distance of25.02 feet to a point in a non- tangent curve concave southwesterly and having a radius of25.00 feet, a radial line of said curve through said point bears North 70034'47" East, said curve being in the existing southerly right-of- way line of Broadway Place; TIIENCE northwesterly along said curve through a central angle of 47012'23" an arc distance of20.60 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 17,240.575 square feet = 0.3958 acres, more or less. PARCEL 2: Broadway The VACATION ofthat portion of the existing right-of-way of Broadway, described as follows: Beginning at the hereinabove described POINT "A" in the easterly right-of-way of Broadway; Thence South 1022'24" West along said right-of-way line 92.41 feet to TIIE TRUE POINT OF BEGINNING; Thence continuing South 1022'24" West along said right-of-way line 7.44 feet to a point in the south right-of way line of Broad way; Thence North 88032'10" West 27.08 feet to the point of cusp with a tangent curve concave northwesterly and having a radius of 53.00 feet; Thence northeasterly along said curve through a central angle of30043'00" an arc distance of 28.41 feet to THE TRUE POINT OF BEGINNING. 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J I \ .. /,,--, 2.09' J I! \ __/~~2.~.f/~~i~~..?;: pel I BBRROO,~:!!~J!.!AC~!!N --~ t>" L~ 52" 46. 585'22 AD ,..""". Wit "IIV 'Jl~tiM5.5 MANUEL ESQUEDA ELEMENTARY SCHOOL ~IL.EN Gl SANTA ANA UNIFIED SCHOOL DISTRICT ARYNER S 1601 E. CHESTNUT A VENUE JIrrAOt-t~""'I.A. ___ _~~ SANTA ANA, CALIFORNIA 92701 .,.- -- -~.- (714) 480-5347 6 = /87/~2' R=//J8.00' l=34.>>' '=/7.29' to. = /87/~2' R=92.fX)' l=29.22 T=/UJ' , I , , I I , I I I t:J1 ~ ' I I ./ ,./' I /~~~~\ L/~~~ S ____.. /" N66'Jl'J6'W ~ .. 60.83' .. ~ @ SCALE. I' = eo' JOB NO. 8931 DATE 12-05-03 SHEET NO. EXHIBIT IBI .' , -;. , - "