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08/01/2023 Regular and HA
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Correspondence - Non-Agenda
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8/1/2023
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Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to <br />2383 North Flower Street <br />To: <eCommentgsanta-ana.org> <br />Cc: <scarvalhogsanta-ana.org> <br />Michael and Jeni Varciag <br /> <br />Santa Ana, CA, 92706 <br />July, 14 2023 <br />TO: City Council of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 <br />CC: City Attorney <br />Subject: Public Comment - Petition to Vacate Public Right of Way (Public alley) <br />Dear Members of the City Council, <br />As a citizen and taxpayer in Santa Ana, and Floral Park resident, I am submitting comment about a petition to <br />vacate a public alley that was transferred by Floral Park residents to the City of Santa in March 1923. <br />I bring your attention to the public record entitled "Tract No. 425 North Broadway Park" which is signed by <br />numerous stakeholders and reads as follows: <br />"We the undersigned owners of the land covered by the accompanying map, and also all other persons <br />whose consent is necessary to pass a clear title to such lands, do hereby consent to the making of said <br />map. We hereby dedicate to public use all boulevards, avenues, streets, drives, ways and alleys shows <br />neuron. On this 23rd day of March 1925 AD. " <br />The questions to be presented are (1) what is the precise legal and political process for ending public use of <br />the alley, (2) what is the complete list of stakeholders, (3) is compensation to the City and/or other utility <br />stakeholders required if the alley reverts to adjacent landowners, and (4) what is the official justification for <br />eliminating emergency vehicle and general public access between Heliotrope and Flower? <br />(1) What is the precise legal and political process for ending public use of the alley? <br />The City Council is treating this matter as a zoning issue. Does it belong with the courts first or in parallel? <br />(2) What is the complete list of stakeholders? <br />Numerous stakeholders were involved in the making of the map that made official and explicit the public use <br />of the alley. Is anyone missing from the conversation to change the scope and consider reversion to private <br />property? One adjacent owner will not be able to exit from their circular driveway should the alley be split <br />down the middle between neighbors. How will that be addressed? Should the City Attorney and City Fire <br />Chief provide input and sign off for legal and practical public safety considerations? <br />(3) Is compensation to the City and/or other utility stakeholders required if the alley reverts to <br />adjacent landowners? <br />The original vehicle to make the alley public use conformed with US constitutional 5th amendment Takings <br />Clause requirements for just compensation to members of the public. How is the inverse case being taken <br />into account? <br />
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