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2025-001 - Rescinding Resolution No. 94-031 & Vacating Portions of Public Street & Alley
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2025-001 - Rescinding Resolution No. 94-031 & Vacating Portions of Public Street & Alley
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Last modified
8/21/2025 4:45:37 PM
Creation date
1/27/2025 3:31:03 PM
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City Clerk
Doc Type
Resolution
Agency
Public Works
Doc #
2025-001
Item #
28
Date
1/21/2025
Destruction Year
P
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RESOLUTION NO. 2025-001 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA RESCINDING RESOLUTION NO, 94-031, <br /> AND VACATING PORTIONS OF CUBBON STREET, <br /> HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN <br /> MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT <br /> 1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03) <br /> WHEREAS, Chapter 4 of the California Streets and Highways Code section <br /> 8330 et seq. provides for summary vacation of streets and public service easements; <br /> and <br /> WHEREAS, on June 20, 1994, the City Council adopted Resolution No. 94-031, <br /> which aimed to vacate portions of Cubbon Street, Hesperian Street, and an alley west <br /> of Bristol Street at the request of the Santa Ana Unified School District (SAUSD) to <br /> allow for the construction of Martin Luther King, Jr. King Elementary School; and <br /> WHEREAS, as allowed by Resolution No. 94-031, SAUSD closed portions of <br /> Cubbon Street, Hesperian Street, and the alley to the public, and constructed public <br /> school facilities within and adjacent to the street rights of way, however the resolution <br /> was not recorded, and therefore the vacation was not effectuated, leaving these portions <br /> of land as public rights-of-way; and <br /> WHEREAS, to accommodate the street and alley closures, SAUSD constructed <br /> and opened to the public re-aligned streets and alley improvements, however SAUSD <br /> did not convey rights of way for the re-aligned streets and alley improvements to the City <br /> of Santa Ana, leaving portions of land used by the public as private property; and <br /> WHEREAS, subsequent review revealed that certain boundaries and legal <br /> descriptions of the intended vacated areas as specified in the original resolution are <br /> inconsistent with the constructed improvements; and <br /> WHEREAS, to align the City's right-of-way boundaries with current street <br /> improvements, the City Council finds it necessary to rescind Resolution No. 94-031 and <br /> adopt the current Resolution to vacate specific portions of Cubbon Street, Hesperian <br /> Street, and an adjacent alley totaling 34,778 square feet as shown on Exhibit A <br /> ("Vacation Area"); and <br /> WHEREAS, the SAUSD Board of Education met on December 17, 2024, to <br /> adopt a resolution to declare its intention to grant the easement and set a public hearing <br /> for January 28, 2025, in order to authorize execution of an easement deed and <br /> agreement to convey public street easement rights to City over the Cubbon Street cul <br /> de sac bulb, and connecting alley totaling 12,073 square feet as shown on Exhibit B <br /> ("New Street Easement Area") <br /> Resolution No.2026.001 <br /> 1of15 <br />
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