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Home My WebLink About2009-062 - Public Service Easement on the East Side of Susan Street and North of Mcfadden AvenueRESOLUTION NO. 2009-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUMMARY VACATION OF SUGAR AVENUE PUBLIC SERVICE EASEMENT ON THE EAST SIDE OF SUSAN STREET AND NORTH OF MCFADDEN AVENUE Iss12/09/09 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 of Santa Ana intends to vacate a 20-foot public service easement on the east side of Susan Street and north of McFadden, bordering 629 South Susan Street 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. B. The summary vacation of this easement is appropriate because the easement has not been used for the purpose for which it was dedicated ~' for at least five consecutive years, pursuant to the provisions of California Streets and Highways Code § 8333. The easement was reserved in favor of Stearns Rancho Company in 1905 and has not been utilized for roads, railroads or drainage ditches since it was transferred to the City of Santa Ana in 1959. C. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2009-158 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 1616 square foot public service easement, as legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference. Section 3. The City Council of the City of Santa Ana hereby directs the Clerk of the Council to prepare a certified copy of this Resolution, and the Executive Director of Public Works, or his designated representative, to record the certified copy in the office of the Orange County Recorder. Resolution No. Zoos-os2 ~w. Page 1 of 4 r.r+ Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2151 day of December, 2009. APPROVED AS TO FORM: Joseph W. Fletch r, Cit Attorney By: ~ Laur Sh edy As~sta City Attorney AYES: NOES: ABSTAIN I r~ti. ~~ ~~~aC ~.1 6~I~.e~ ~~ ~I[~ Miguel A. Pulido J Mayor Councilmembers: Alvarez, Benavides Bustamante Martinez Sarmiento. Tinaiero (6) Councilmembers Councilmembers None (0) None (0) NOT PRESENT: Councilmembers: Pulido (1) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2009-062 to be the original resolution adopted by the City Council of the City of Santa Ana on December 21.2009 Date: / 2~2°f,JgUi' L~~~-tom` ,~ / ~~/ v Clerk of Council City of Santa Ana Resolution No. 2009-062 Page 2 of 4 ~ EXHIBIT "A" LEGAL DESCRIPTION FOR STREET ABANDONMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THE SOUTH 20.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE. RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF THE WESTERLY BOUNDARY LINE OF THE 400 FOOT RIGHT OF WAY OF NEWBERT PROTECTION DISTRICT, EXCEPTING THEREFROM THE WEST 32.87 FEET OF SAID SOUTH 20.00 FEET. TOGETHER WITH THE FOLLOWING PORTION OF THE SAID EAST HALF: BOUNDED ON THE SOUTH BY THE NORTH LINE OF SAID SOUTH 20.00 FEET; BOUNDED ON THE WEST BY A LINE PARALLEL WITH AND DISTANT 32.87 FEET EAST FROM THE WEST LINE OF SAID EAST HALF; BOUNDED ON THE EAST BY A LINE PARALLEL WITH AND DISTANT 43.00 FEET EAST FROM THE WEST LINE OF SAID EAST HALF TO A POINT LYING 7.00 FEET NORTH OF SAID NORTH LINE AT RIGHT ANGLE TO SAID NORTH LINE; BOUNDED ON THE NORTH BY A LINE AND A CURVE, SAID LINE BEING PARALLEL dlNO DISTANT 7.00 FEET NORTH FROM THE NORTH LINE OF SAID SOUTH 20.00 FEET; THENCE WESTERLY ALONG SAID LINE A DISTANCE OF 5.00 FEET FROM SAID POINT ON SAID EAST LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°D1`08" A DISTANCE OF 5.24 FEET, TO A POINT ON A LINE PARALLEL AND DISTANT 32.87 FEET FROM THE WEST LINE OF SAID EAST HALF. SAID ABANDONMENT CONTAINS AN AREA OF 1,fi1b SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO FOR REFERENCE ONLY. PREPARED UNDER THE SUPERVISION OF: ~ C? No.25t6t J ~ Exp. 12+31;09 ~,,~ p Q t,~~.r't-a"".~..- ~'%~~'~,~ v'~" "~ ' 1.5~~'~1 *T CtVll GEORGE VAREZ -~~ q~o~cAU~°~ R.C.E. 25161 Resolution No. 2009-062 '~. Page 3 of 4 EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR STREET ABANDONMENT FO R REFERENCE ONLY i I JAMES STREET _._._ I ---CU-----~-- ~- SOUTH LINE OF THE --. • NORTH 1041.45' }'- ~ I ~ U I------------ -- -------------------- ,, C` I ----- ~ - y ~ w tl I a j ~ ' 4 I ~ AP#144-271-16 i ~ Q _ ~ 23~ i 629 SOUTH SUSAN STREET ~ ~ p ~ I ~~r,= F w ! i j U ~ W i ~ w c-HI ~ , q r-- ~ l L-t8.32' i O I I I x•69`58'54" I F- L1- QZ ~ ~ L•5.24' t ~ }--- ' ~ I ~ R•15.00 ~ ~ ,' x•20°Oi'06" ~ W ~~ ~ 00 ~~ _~, ~ o ~ ._,.„-1.7.00` ~ 40• 1 ,~ ` } /'~ ~ 27.86'. ~' I ~. I i 32.8T<~.-'' ,, \ SOUTH LINE OF THE NORTHWEST WEST LINE OF THE EAST HALF QUARTER OF SECTION 75-5S-10W OF THE SOUTH EAST QUARTER PER MM 51/12 OF THE NORTHWEST QUARTER OF SECTION 15 L E G EF~Q~iution No. 2009-062 4of4 AREA TO BE ABANDONED (PORTION OF VACATED SUGAR AVENUE RIGHT OF WAY)