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Resolution Number 85-6-4-3RESOLUTION NO. 85-6-4-3 VACATION OF A PORTION OF CALLE AVIADOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALLE AVIADOR FROM ITS PRESENTLY CONSTRUCTED TERMINUS TO THE INTERSECTION WITH CALLE PERFECTO 45 WHEREAS, the City Council has heretofore passed a resolution declaring its intention to vacate a portion of Calle Aviador from its presently constructed terminus to the intersection with Calle Perfecto; and, WHEREAS, the portion to be vacated is as shown on Exhibit "A," attached hereto and by this reference made a part hereof; and, WHEREAS, notice of a hearing to hear objections to said vacation were duly published and posted in accordance with Sections 8322 and 8323 of the California Streets and Highways Code; and, WHEREAS, a hearing thereon was duly held in the Chamber of the City Council on June 4, 1985; and, WHEREAS, the City Council has heard testimony and received evidence upon the aforesaid vacation, and finds that there were no objections voiced or received to the proposed vacation. NOW, THEREFORE, BE IT RESOLVED that this City Council does hereby vacate and close to public use that portion of Calle Aviador from its presently constructed terminus to the intersection with Calle Perfecto as shown on Exhibit "A," attached hereto, and more particularly shown on the map on file in the City Clerk's Department, excepting therefrom a perpetual nonexclusive easement and right-of-way for water and gas transmission purposes, including specifically, but not by way of limitation, the right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, relocate and otherwise use water pipeline or pipelines, gas pipeline or pipelines, together with incidental appurtenances, connections and structures and other necessary easements for ingress and egress and public utility purposes. The City Council further finds from the evidence presented that the portion of Calle Aviador described in Exhibit "A" is unnecessary for present or prospective public use. -1- 46 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder for the County of Orange, State of California. PASSED, APPROVED AND ADOPTED this 4th day of June , 1985 ATTEST: i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 85-6-4-3 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of June , 1985 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None (SEAL) �t,�P�,u, LILP/Lriz� MARY AN OVER, CITY C E� R -2- STATE OF CALIFORNIA 47 COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 6th day of June 1985 . she caused to be posted: RESOLUTION NO. 85-6-4-3 being: VACATION OF A PORTION OF CALLE AVIADOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALLE AVIADOR FROM ITS PRESENTLY CONSTRUCTED TERMINUS TO THE INTERSECTION WITH CALLE PERFECTO in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LISTAQ / ORD. N0.-......--. ........... -----✓r Mayor has signed .............Clerk has signed City Seal stamped All blanks typed in P? "Absent.' Er ....... .........._._-.... "Noes" .............. Typed in Official Record Book �--- -..._... Posted to ClassWed Cprds Copies sen[ [o. b;i!'�'.l;:J..�..1 I£<.+Z L.L� .�e...... .............. Legal Publication ordered to be published (date) No. Affidavits ..--- -------------------- No. --._------- ------o. Printed copies requir d,...... V_ �i is evl� fic Remarks .................--.--- --------- ....... ........... ..............................:3. -3- MARY A ANOVER,TYY C� San Juan Capistrano, California 48 VACATION OF PORTION OF CALLE AVLADOR CITY OF SAN JUAN CAPISTRANO 4�1 2 l o. , DETAIL Z � 6 �•� :TAIL I 7 , , a r EXHIBIT A I ro I Page 1 of 3 I i Mel TABLE OF COURSES hPa V ETA I L Z BEARING OR DISTANCE N0. 0 AND RADIUS OR ARC L. 1 S. 65 19' 39" W. 262.74 2 S. 32 33' 58" W. 12.94 3 S. 55 19' 39" W. 364.99 4 24 52' 05" R-330.00 143.23 5 S. 24 40' 41" E. 7.40 6 122 45' 39" R-45.00 96.42 7 S. 32 33' 58" W. 2.52 8 27 14' 09" R 25.00 11.88 9 N. 65 19' 39" E. 5.83 10 30 13' 10" R-390.00 205.70 11 N. 65 19' 39" E. 691.67 12 34 17' 01" R-85.00 50.86 13 7 59' 14" R-181.85 25.35 • LEGAL DESCRIPTION OF THE PORTION OF CALLE AVIADOR, A PUBLIC STREET, VACATED IN CONJUNCTION WITH THE APPROVAL OF PARCEL MAP NO. 84-851(Final). That certain real property in the City of San Juan Capistrano, County of Orange, State of California described as follows: That certain portion of Calle Aviador, a public street, as said street is shown on Tract No. 6365, recorded in Book 270, Pages 21 and 22 of Miscellaneous Maps of said Orange County, and as shown on Tract No. 10564, recorded in Book 480, Pages 35 through 40 of Miscellaneous Maps of said Orange County; being that portion of Calle Aviador lying between a cul de sac (modified) of said street within said Tract No. 6365 and the intersection of said street with Calle Perfecto, a public street, shown on said Tract No. 10564, and shown (modified) on Tentative Parcel Map No. 84-851; said certain portion of Calle Aviador described as follows: BEGINNING at the intersection of the curved northwesterly right of way line of Calle Perfecto, a public street shown on Tract No. 6402, recorded in Book 235, Pages 10 and 11 of Miscellaneous Maps of said Orange County, and the northwesterly boundary of said Tract No. 6402, being a point on the southeasterly boundary of Tract No. 10564, recorded in Book 480, Pages 35 through 40 of Miscellaneous Maps of said Orange County, being also a point on the southeasterly right of way line of Calle Aviador shown on said Tract No. 10564, a radial through said point bears North 740 23' 09" West; thence, southwesterly along said tract boundary lines and said right of way line; South 650 19' 39" West 262.74 feet (262.59 feet per Tract No. 6402) to an angle point, thence South 320 33' 58" West 12.94 feet; thence, leaving said Tract No. 6402 boundary line, and said Tract No. 10564 boundary line; continuing along said Calle Aviador right of way line, South 650 19' 39" West 364.99 feet to the beginning of a tangent curve concave southeasterly and having a radius of 330.00 feet, thence southwesterly along said curve, through a central angle of 240 52' 05" an arc distance of 143.23 feet to a point on the northeasterly line of the partial -knuckle end of Calle Aviador as said street is shown on Tract No. 6365, recorded in Book 270, Pages 21 and 22 of Miscellaneous Maps of said Orange County, a radial through said point bears North 490 32' 26" West; thence, South 240 40' 21" East 7.40 feet to a point of tangency with the curved southeasterly line of said Calle Aviador knuckle, a radial through said point bears North 650 19' 39" East; thence, leaving said Tract No. 6365 curved portion of said line, continuing northwesterly along a curved extension of said line, concave southwesterly, southerly and southeasterly and having a radius of 45.00 feet, through a central angle of 1220 45' 39" an arc distance of 96.42 feet; thence, tangent South 320 33' 58" West 2.52 feet to the southerly end of a tangent curve in the northwesterly line of said Calle Aviador as shown on said Tract No. 6365, a radial through said point bears North 570 26' 02" West, thence northeasterly along said curved right of way line, concave westerly and having a radius of 25.00 feet. through a central angle of 270 14' 09" an arc distance of 11.88 feet to a point on the northerly line of said Tract No. 6365, a radial through said point bears North 840 40' 11" West; thence, nontangent, northeasterly along said Tract No. 6365 north- westerly line, North 65. 19' 39" East 5.83 feet to a point on the curved northwesterly right of way line of Calle Aviador as said line is shown on said Tract No. 10564, a radial through said point bears North 540 53' 31" West; thence, leaving said Tract No. 6365 line, continuing northeasterly along said curved northwesterly right of way EXHIBIT A Page 2 of 3 7l line, concave southeasterly and having a radius of 390.00 feet, through a central angle of 300 13' 10" an arc distance of 205.70 feet; thence, tangent North 650 19' 39" East 691.67 feet to a point on the curved northwesterly line of Calle Perfecto, a public street shown on Tentative Parcel Map No. 84-851, a radial through said point bears North 480 05' 22" West; thence, southwesterly and southerly along said curved line of said Calle Perfecto, concave southeasterly and having a radius of 85.00 feet, through a central angle of 340 17' 01" an are distance of 50.86 feet to a point of reverse curvature, a radial through said point bears North 820 22' 23" West; thence, continuing southerly and southwesterly along said reverse curve, concave westerly and having a radius of 181.85 feet, through a central angle of 70 59' 14" an arc distance of 25.35 feet to the POINT OF BEGINNING. EXHIBIT A Page 3 of 3