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Home My WebLink About2009-010 - Vacate a Portion of the West Side of Ross Street North of Santa Ana Boulevard 1127109 BK RESOLUTION NO. 2009-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO VACATE (1) A PORTION OF THE WEST SIDE OF ROSS STREET NORTH OF SANTA ANA BOULEVARD, AND (2) A PORTION OF THE CITY'S "CIVIC CENTER" WEST OF THE NEW COURT OF APPEAL (ABANDONMENT NO. 09-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council finds, determines and declares as follows: A By adoption of Resolution No. 2009-001 on January 5, 2009, which was adopted pursuant to and in accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council declared its intention to vacate (1) a portion of the west side of Ross Street north of Santa Ana Boulevard, and (2) a portion of the City's Civic Center west of the new Court of Appeal and northwest of the new parking garage. B. The two proposed vacation areas are described on the legal descriptions labeled Exhibit A (as "City to State Ross Street Parcel" and "City to State Parcel", respectively) and shown on the maps labeled Exhibit B, respectively, and attached hereto and made a part hereof by this reference. C. Said resolution gave notice that, at the hour of 6:00 P.M. or as soon thereafter as the matter can be heard on February 2, 2009, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by this Council at which time any and all persons interested in or objecting to the proposed vacation hereinabove described may appear and be heard. D. This Council, at the time and place set for hearing, heard and considered any and all persons interested in or objecting to said proposed vacation of said alleys and received and considered all evidence submitted. E. The Council finds that the proposed vacations are not necessary for traffic circulation and are unnecessary for present or prospective public use. F. Pursuant to the provisions of S 892 of the Streets and Highway Code of the State of California, the proposed vacations are not useful as a nonmotorized transportation facility, as defined in S 887 of said Code. Resolution No. 2009-010 Page 1 of 10 Section 2: The City Council of the City of Santa Ana hereby approves the vacations described above. Section 3: Pursuant to ~ 8340 of the Streets and Highways Code, the City Council reserves and excepts from the above vacations the 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 in, upon, over, and across said vacations 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 lines, 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 street or highway proposed to be vacated. The City Council also reserves and excepts from the above vacations an easement for future street or highway purposes. Moreover, if there are any in-place public utility facilities that are in use, including but not limited to water mains and service, electrical facilities, fiber optic facilities, and cable TV facilities, the City Council reserves and excepts from the above vacations an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. , Section 4: 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 5: The abovesaid portion of Ross Street shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid street to vehicular and pedestrian traffic, as appropriate to allow for the construction of the public improvements prior to recordation of this resolution, is hereby approved pursuant to ~ 21101 of the California Vehicle Code. ADOPTED this 2nd day of Februarv, 2009. 'guel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2009-010 Page 2 of 10 1/27/09 BK AYES: Council members: Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento. Tinaiero (7) NOES: Council members: 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. 2009-010 to be the original resolution adopted by the City Council of the City of Santa Ana on Februarv 2. 2009. Date: d.-'rf~t)9 ~~ Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2009-010 Page 3 of 10 Resolution No. 2009-010 Page 4 of 10 This page intentionally left blank 1/27109 BK PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK.BUILDING J.725 IRVINE, CA 92618 JULY 17, 2008 IN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE-ROSS STREET PARCEL THAT PORTION OF LOTS 1 AND 10, BLOCK "B' OF ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 3, PAGES 534 AND 535 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS' COMMENCING ATHIE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95-1031, RSB 149/49.50, RECORDS OF SAID COUNTY: THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49'02'03" WEST 35.24 FEET; THENCE AT RIGHT ANGLES NORTH 40"57'57" WEST 54.00 FEET TO THE NORTHWESTERLY LINE OF SANTA ANA BOULEVARD AND THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 40"57'57" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE 21.67 FEET THROUGH A CENTRAL ANGLE OF 49'39'26" TO A LINE PARALLEL WITH AND 53.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE NORTH 00"37'23" WEST 111 77 FEET; THENCE NORTH 47"32'35" EAST 17.45 FEET TO A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF SAID CENTERLINE OF ROSS STREET; THENCE ALONG SAID PARALLEL LINE SOUTH 00"37'23" EAST 112.83 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 24.00 FEET, THENCE SOUTHWESTERLY ALONG SAID CURVE 20.80 FEET THROUGH A CENTRAL ANGLE OF 49"39'26"; Resolution No. 2009-010 Page 5 of 10 THENCE SOUTH 49'02'03" WEST 17,52 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING: 1,609 SQUARE FEET, MORE OR LESS, EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY S PREPARED BY ME OR UNDER MY DIRECTION, en DATE Resolution No, 2009-010 Page 6 of 10 1/27/09 BK PENCO ENGINEERING, INC. ONE TECHNOLOGY PARK-BUILDING J.725 IRVINE, CA 92618 JULY 17, 2008 IN: 01027.13 EXHIBIT "A" LEGAL DESCRIPTION CITY TO STATE PARCEL THAT PORTION OF LOTS 4 AND 5. BLOCK "B" OF THE ROSS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA. COUNTY ORANGE, STATE OF CALIFORNIA, AS SHOWN ONA MAP FILED IN BOOK 3. PAGES 534 AND 535 OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SANTA ANA BOULEVARD, (WEST) AND ROSS STREET AS SHOWN ON RECORD OF SURVEY 95.1031, RSB 149/49-50, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID SANTA ANA BOULEVARD SOUTH 49'02'03" WEST 24890 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 79.51 FEET THROUGH A CENTRAL ANGLE OF 05'41'39"; THENCE RADIAL TO SAID CURVE NORTH 35'16'18" WEST 54.00 FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SANTA ANA BOULEVARD AND THE WESTERLY LINE OF THE REAL PROPERTY DESCRIBED AS EXHIBIT "A" IN THE MEMORANDUM OF AGREEMENT RECORDED AS INSTRUMENT NO. 2006-000052301 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 00"37'23" WEST 342.65 FEET, THENCE NORTH 89'22'37" EAST 44.90 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3800 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 80'42'02" WEST; THENCE NORTHERLY ALONG SAID CURVE 37.94 FEET THROUGH A CENTRAL ANGLE OF 57"12'05"; THENCE NORTH 78'48'18" EAST 11.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 33.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 26.84 FEET THROUGH A CENTRAL ANGLE OF 46'35'40"; THENCE SOUTH 00'37'23" EAST 51.08 FEET; Resolution No. 2009-010 Page 7 of 10 THENCE SOUTH 89022'37" WEST 21 10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 981 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT-OF-WAY OF RECORD, IF ANY. THIS DESCRIPTION W ,J....J.J- WILLIAM E. SNOW P.L.S. NO. 4725 REG EXP 09/30 9 Resolution No. 2009-010 Page 8 of 10 1/27/09 BK EXHIBIT 'B' erTY TO STATE-ROSS STREE:r PARCEL SHEET 1 OF 1 i- 5 4 3 2 N47'3p5"E 17.45' I 1 40' \ (f) (f) . 10 ~ ~ ~ ::53' _\ ....:l (f) ';r; .~ I' ..~ Y 1\=49'39'26" R=24.00' L = 20. BO' S49'02'03"W 17.52' ~ p '- ,. '- AOS ..' .--.S.- ...... ..-' ...- ....- .-." A.DD i 8t..K B IIION e 7 8 9 AIM :JI.'<'>. ""'I~ l..4 ~ iio o '" n o '" " <: " pac ~ N ~ . ~ ,j u '- , ~ '" '" " " "' W ~ < " i- ~ ;. ~ U / " C n " a ,l ", o p ;i o " / / W > " => '" / C; ~ ru o :; / ~ o o ru / m <:> , / C. 5 8t..K Sv, <v",'i><'o ~/ ,.~ "" . .<:j" '" 4V .,,'\. "'<;;...., cJ'O:J n".bi ~y /.!,<i,f;~ ~~ /qo, ~ / f'.,,~ / S.t / (SV <.. / 4 SCALE: 1"~60' FIFTH 8T. (ABANDONED) '/ // S' v. / ;/ ./ SKETCH TO ACCOMP ANY A LEGAL DESCRIPTION CITY OF SANTA ANA OTY TO STATE-ROSS STREET PARCEL SCALE: AS-SHO~ ORA ~ BY: REP CHECKED BY: WES DATE, 01HI-08 JOB No, 01027.13 LEGEND I CITY TO STATE ROSS STREET PARCEL. 1609 SF.. MORE OR lESS. PENCO ENGINEERING. INC. Civil Engineering O"'e TI!1lICfVdOgY Pa'k Planning aJr;::h;I J-725 Surveymg ~, c:arcmo cno15 (94q) 7S3-&m Resolution No. 2009-010 Page 9 of 10 E-< rn rn- (()8 ~~~ Z~ N z~! ~I ~, co' ;> g z ,ci o ' ZO ,~ ~O V>'" ZN -~ wO ~8 ~o ~I ~w , 0 ;'0 N // EXHIBIT 'B' erTY TO STATE PARCEL I /. /.~ ~~. ";,,," ~ 4''''''' ~~ ,,,,'\- .'" ~ /." 'V ",<> <<-..."'{: /. ~<\~ "", c..~ -'" -".> .,,~'<O ./ '\> "",,, /,/ c\ .b." ~t;). b C).I'...' ~ itJj'O:J:) ./ ~ Q'\ " 6 FIFTH ST. (ABANDONED) 5 I3i.1(A 4 t..-45'35'4D" R=33 CD' L=2684' N7o'48"8"E 11.27' ' .' ~ lr57'12'05" ~ r-l . .....~ R=38,OO' '" 0 L=3794'_..,90'-, '/ g4 3 It 89'22'375"E N89'22' 37"f 21.10' TPOB RO~S i !..<1DD' ! I3i.1(I e / r / 0 tvl , 7 ! B I' 9 110 ,"<<.( 3/......., , I wucrl~ 14 , V'v> LEGEND I CITY TO STATE PARCEL 981 SF, MORE OR LESS, I ~i~~~?in~~2INE~~~. Planning e...b"'o J-725 Surveymg l'vhe. Cdtanc <;1208 (Q.d.Q) 753--8m Resolution No, 2009-010 Page 10 of 10 2 1 "'v. SHEET 1 OF 1 40' I IE-< ~ ~ IP::: \~ rn IUl \0 ,p:: I~ Ie..:> m o o '" , M , o o 53' ~ < c, ~ c\J ~ cr; , " POC . , , ~ w u " ~ o , t N ~ ~ ~ c' ~ , n ~ , ~ U / " C o " SCALE: 1 "=6C' , u ,^ > " ;; . ~ / ~ W > " " ~ / ~ ~ '" o ;; / ~ o o "' / m D , / WILLIAM E P,L.S, NO. REG. EXP: 30 09 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CITY OF SANTA ANA CITY TO STATE PARCEL ~ SCALE: AS-SHO\\N DRA\\N BY: REP CHECKED BY: lIES DATE: 06-11-08 JOB No, 01027,13