HomeMy WebLinkAbout2019-022 - Abandoment No. 19-01jmf 4/1/19
RESOLUTION NO. 2019-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF FIFTH STREET
BETWEEN SUNSET STREET AND HAWLEY STREET
(ABANDONMENT NO. 19-01)
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 a portion of Fifth Street between Sunset Street and Hawley Street, as
shown on Exhibit A attached hereto and incorporated herein by this reference
("Vacation Area").
C. On March 19, 2019, the City Council adopted Resolution No. 2019-018 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. 2019-018 gave notice that at its regular meeting of April 16, 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. 2019-018 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.
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:
Resolution No. 2019-022
Page 1 of 5
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 Section 15301(c) (existing highways and streets) of the
State CEQA Guidelines.
Section 3. The Vacation Area is hereby vacated, except for the reservation of
easement described herein with respect to a portion of the Vacation Area that is shown on
Exhibit B attached hereto and incorporated herein by this reference.
Section 4. As only to the portion of the Vacation Area that is shown on Exhibit B,
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, or from time to
time, to 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
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.
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 16th day of April, 2019.
Resolution No. 2019-022
Page 2 of 5
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Joa M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
"Ward 4 Representative Vacant
Penaloza, Pulido, Sarmiento, Solorio,
Villegas (5)
Iglesias (1)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No.
2019 -022 to be the original resolution adopted by the City Council of the City of Santa
Ana on April 16, 2019.
Date:
Q--
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-022
Page 3 of 5
CURVE TABLE
CURVE #
DEM
RADIUS ACCO DISTANCE
01...
sowsr
100 — ---I 6-7-
1078'
84"20'04"
25.0v W47'
Resolution No. 2019-022
Page 4 of 5
w
LOT 39
TR 1341
BOOK 67, PAMS 47.43
E. LINE
LOT .C9
AREA TO BE
ABANDONED
POINTor
BEGINNING
FIFTH MEET
I
a 25 so
SCALE: ,T' c RY
ORIGINAL ORAPIM SCALE
I � '
i
NW49- E 138.31 TR RLwu 135
1 iS &�
zo 4M LANE BOOK 67, PAGES 4746 �
LOT 39
E, LINE
LOT 3O
w 131 3Q'
Gi ��`777 143.9'- ��r��
�r°.�.i2
SGO°t0'3S"E 6.43' 589`45'25"AM 29a.3G°
PROPOSED PUBLIC
UTILITY EASEMENT
FIFTH STREET
CURVE TABLE
CURVE 4
DELTA.
RADIUS
ARC DISTANCE
G1 r _
W°ma,
iQ,w
55,7
2
90P25'50'
26.9a
39.47'
Ff FASEMFNTAREA
SCALE: 1'- 50'
CRUraa, WPHICSWE
Resolution No. 2019-022
Page 5 of 5