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Home My WebLink About2019-005 - Vacating All of Breeden Streetjmf 1/4/19 RESOLUTION NO. 2019-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING ALL OF BREEDEN STREET AND A PORTION OF THIRD STREET BETWEEN STANDARD AVENUE AND BREEDEN STREET (ABANDONMENT NO. 18-03) 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. California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of all of Breeden Street and a portion of Third Street between Standard Avenue and Breeden Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On December 4, 2018, the City Council adopted Resolution No. 2018-083 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-083 gave notice that at its regular meeting of January 15, 2019, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-083 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. Resolution No. 2019-005 Page 1 of 5 H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: 1. The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. This vacation is categorically exempt from the California Environmental Quality Act under Class 1, Section 15301 (Existing Facilities) of the State CEQA Guidelines. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following conditions: A. The Tom's Trucks Center residential development (Tom's Tntcks) shall irrevocably offer for dedication the land for the extension of Standard Avenue (64' wide) between Third Street and Fourth Street as depicted in Tentative Tract Map No. 2017-03, in a form approved by the City Attorney. B. Tom's Trucks shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved by the City Attorney, to guarantee the construction of all necessary roadway, utility and related improvements for the said extension of Standard Avenue (64' wide) between Third Street and Fourth Street. C. Tom's Trucks shall coordinate with the property owner of the property at 1030 East Fourth Street (Extra Space Storage) to remove the remnants of Breeden Street and Third Street street features, including without limitation existing pavement, sidewalk, curb and gutter, street trees and street lights. Alternatively, in the event that Tom Truck's does not reach an agreement with Extra Space Storage to remove the remnant improvements within the area that is outside of Tom's Trucks control, Tom's Trucks may provide a bond, in an amount determined by the City Engineer and in a form approved by the City Attorney, to guarantee the removal of any segments of Breeden Street or Third Street not under its control. D. The City Engineer shall advise the Clerk of the Council that the above conditions have been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, orfrom time to time, to remove street features including, but not limited to pavement, curb and gutter, sidewalk, street trees, street light systems, and traffic signs, and construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or Resolution No. 2019-005 Page 2 of 5 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. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the conditions in Section 3 of this resolution have been completed to the satisfaction of the City Engineer. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of January, 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J M. Funk Assistant City Attorney AYES: Councilmembers NOES: NOT PRESENT: Councilmembers Councilmembers Councilmembers Iglesias, Penaloza, Pulido, Solorio, Villegas (5) None (0) None (0) Reyna, Sarmiento (2) Resolution No. 2019-005 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2019 -005 to be the original resolution adopted by the City Council of the City of Santa Ana on January 15, 2019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-005 Page 4 of 5 r� ` 4TH MEET SCAM PAR 1 Id p"IS r. A10, w 'Q e3 u �4 30, Ix ; 1+�,/j+j/j (jj Ijj� I EX .IBR ammwKN• ti A� s�rwr w hmraw<m e UmaOh ANA 9i.REET APAP,-WkV e'.' -N T 'ti a v: r�� I ata.ac,. D MCL7 -f rARCa i P.M e. 2,9--'V97-26 SHEFT P OF T SHEET I07Y.vn A .0018 ra_�rpr T - Resolution No. 2019-005 Page 5 of 5 I Lam. z UA UA W Of r� is � a r ,7Y48.V 167.,7.9' �, " Ca° . tS• D MCL7 -f rARCa i P.M e. 2,9--'V97-26 SHEFT P OF T SHEET I07Y.vn A .0018 ra_�rpr T - Resolution No. 2019-005 Page 5 of 5