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Home My WebLink About2022-072 - Vacating a Portion of Alley North of Second Street Between North Broadway and Sycamore StreetRESOLUTION NO. 2022-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN NORTH BROADWAY AND SYCAMORE STREET (ABANDONMENT NO. 21-01) WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana to vacate all or a portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A ("Vacation Area"); and WHEREAS, on July 19, 2022, the City Council declared its intention to vacate the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was given that on August 16, 2022, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard; and WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use. Section 3. The Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code, except for the reservation of easement described herein. Resolution No. 2022-072 Page 1 of 3 Section 4. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. Section 5. To restrict enclosure of the Vacation Area, Corbiz, LLC, owner of the immediately adjacent Southern Counties Gas Company Building at 207 West Second Street, shall be required to record a covenant, to the satisfaction of the City's Planning and Building Agency, to prohibit new structures in the Vacation Area and maintain the Vacation Area as open space before the vacation becomes effective. Section 6. 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 7. 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 8. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 16th day of August. 2022. Vicente Sarmiento Mayor Resolution No. 2022-072 Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Y J In M. Funk C ief Assistant City Attorney AYES: Councilmembers Hernandez, Lopez. Phan, Bacerra. Sarmiento (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Mendoza. Penaloza (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 072 to be the original resolution adopted by the City Council of the City of Santa Ana on August 16, 2022. Date: 9 f S I z2 / Y A. �,( lerk of the Council City of Santa Ana Resolution No. 2022-072 Page 3 of 3 4 (NTS) I I I — -- -----•---- - —• —•— n •—•-----•---•---- 3RD STREET 398-267-01 I 40' i 40, l 398-267-09 I I I I I i I 398-267-02 i w s 3 ILol o rla �I I0I I I Im L---� —•-----•--I-----•-------•---•—•— n E I ------•�—•—•—•—•---' 2ND STREET- --- - - - l l l i I l i — i --- -- i� DIMENSIOND A = 11.75' B = 79.06' LEGEND: C = 14.50' ®ABANDONMENT AREA. PORTION OF ALLEY D = 93.56' NORTH OF SECOND STREET BETWEEN E = 11.83' BROADWAY AND SYCAMORE STREET VACATION AREA = 932 SF SANTA AN EXHIBIT A II tn,7A ABANDONMENT NO. 21-011 �®1 1- i H � INTENT TO VACATE PORTION OF ALLEY , It : =my PAGE 1 OF 1 When recorded, please mail this instrument and tax statements to: Recorded in Official Records, Orange County Clerk of the Council Hugh Nguyen, Clerk-Recorder City of Santa 20 Civic n c Center Plaza M-30 II� I �+ �I II I �II I�f I� �I �I �I NO FEE Santa Ana, CA 92701 * $ R 0 0 1 5 6 6 3 1 0 3 $ * 2025000184901 02:42 pm 06130/25 Free recording requested by 480 RecWin1A R28 5 THE CITY OF SANTA ANA PER 0.00 0.00 0.00 0,0012.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTIONS A:�-393 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) JAPPROVEDBY DESCRIPTION DESCRIPTION A.P. RlWMAP PROJECT TAXES PUBLIC WORKS DPRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER � 398-267-04 N-NWV316 AlleyI�tO Second StreetIbetween Broadway and Sycanwre Street �i9�2 (Address/Approximate Location) DEED NUMBER RESOLUTION NO. 2022-172 RESOLUTION NO. 2022-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN NORTH BROADWAY AND SYCAMORE STREET (ABANDONMENT NO. 21-01) WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana to vacate all or a portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A ("Vacation Area); and WHEREAS, on July 19, 2022, the City Council declared its intention to vacate the Vacation Area,in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was given that on August 16, 2022, at 6:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Piaza, Santa Ana, California, a public hearing would be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard; and WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use. Section 3. The Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Park 3 of Division 9 of the Streets and Highways Code, except for the reservation of easement described herein. Resolution No,2022-072 Page 1 of 3 f Section 4. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. Section 5. To restrict enclosure of the Vacation Area, Corbiz, LLC, owner of the immediately adjacent Southern Counties Gas Company Building at 207 West Second Street, shall be required to record a covenant, to the satisfaction of the City's Planning and Building Agency, to prohibit new structures in the Vacation Area and maintain the Vacation Area as open space before the vacation becomes effective. Section 6. 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 7. 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 8. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 16th day of August, 2022. Vicente Sarmiento Mayor Resolution No. 2022-072 Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ((ll By: l•J�11 - ht ,�ti o. Jol.rn M. Funk lief Assistant City Attorney AYES: Councilmembers Hernandez Lopez, Phan Bacerra Sarmiento (5) NOES: Councilmembers None 0) ABSTAIN: Councilmembers None 0 NOT PRESENT: Councilmembers Mendoza, Penaloza (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 072 to be the original resolution adopted by the City Council of the City of Santa Ana on August 16, 2022. Date: s 91-2,2- f- �r lerk of the Council City of Santa Ana THE FOREGOING DOCUMENT NSA FULL,TRUES CORRECT COPY OF (W-IHE ORIGW&ON FILE IN THIS OFFICE. ❑THE ORIGINAL ON FILE IN ATTEST ` 20.. _ BY: CITY K ITY FSANTAA Resolution No. 2022-072 Page 3 of 3 N (NTS) i - - - - - - - - - - ^- - - - - - ..- --.—._...---.—.— ----------- 3RD STREET r 1 40' I 398-267-01 I f 40 —09 I I 4 j I 398-267-02 � w , l a i -- - - -I� — oT- o ! Ln i t LLJ tia p l l o I Ncn l - - -� I -- - --I "'—� I L - - - � ----------j---------------------I.---.---- ---------in 2ND STREET - - - - - - - - - - - � i DIMENSIONS: A = 11.75' B = 79.06' LEGEND: C = 14.50' ® ABANDONMENT AREA. PORTION OF ALLEY D = 93.56' NORTH OF SECOND STREET BETWEEN E = 11.R3` i • BROADWAY AND SYCAMORE STREET VACATION AREA = 932 SF rPW TA�ANA EXHIBIT A NO. 2 -011 H — INTENT BTO AN VACAETPORTIOINOF ALLEY ,U„! PACE 1 OF 1