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HomeMy WebLinkAbout74-113RESOLUTION NO. 74-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVOKING RESOLUTION NO. 74-98 AND APPROVING MAP AND DECLARING INTENTION TO VACATE A PORTION OF A NORTH- SOUTH ALLEY LOCATED BETWEEN CENTRAL AVENUE AND HEMLOCK WAY AND RESERVING EASEMENTS OVER THE SAME WHEREAS, the Department of Public Works and Planning Commission have recommended a public hearing be set on the question of said vacation, a request for the vacation of a portion of a north-south alley located between Central Avenue and Hemlock Way; and WHEREAS, the City Council has previously adopted Resolu- tion No. 74-98 approving map and declaring intention to vacate a portion of a north-south alley located between Central Avenue and Hemlock Way without reserving easements over the same; and WHEREAS, since the adoption of Resolution No. 74-98, the Department of Public Works has deemed it essential to the health, safety and welfare that an easement be retained over said right- of-way for the City of Santa Ana for utility purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby revokes Resolution No. 74-98. BE IT FURTHER RESOLVED that the City Council of the City of Santa Ana hereby approves the map attached hereto and orders the same filed with the original of this Resolution in the office of the Clerk of the Council, and reference is hereby made to said map for the exterior boundaries of said right-of- way proposed to be vacated. BE IT FURTHER RESOLVED that the vacation of said portion of a north-south alley located between Central Avenue and Hemlock Way shall not take effect until the following actions occur: 1. Approval of a variance to expand Mercy General Hospital; 2. Removal of a number of apartment houses which now use the alley; 3. Dedication of new alleys to a width and alignment to satisfy traffic requirements; and 4. Improvement of the new alleys to City standards. BE IT FURTHER RESOLVED that the public convenience and necessity require the reservation of an exclusive permanent easement over a portion of the north-south alley located between Central Avenue and Hemlock Way for utility purposes for the Pacific Telephone and Telegraph Company and the Southern Calif- ornia Edison Company. RESOLUTION NO. 74-113 PAGE TWO BE IT FURTHER RESOLVED that the City Council of the City of Santa Ana declares its intention to proceed under the provi- sions of the Street Vacation Act of 1941 (Section 8300 through 8374 of the California Streets and Highways Code) to vacate a portion of that certain alley between Central Avenue and Hemlock Way. Said right-of-way proposed to be vacated lies in the City of Santa Ana, County of Orange, State of California, and is described as: That portion of that certain alley as shown on a Map of Tract No. 2392 recorded in Book 108, pages 15 and 16 of Miscellaneous Maps, records of Orange County, California, lying Westerly of the Westerly lines of lots 44 to 57, inclusive, of said Tract No. 2392, bounded Northerly by the Westerly prolonga- tion of the Southerly line of the Northerly 25.00 feet of said Lot 53 and bounded South- erly by the Easterly prolongation of the Northerly line of that certain parcel of land described in the Deed to Bristol Convalescent Hospital, recorded July 18, 1962, in Book 6181, page 294, of Official Records. Reserving an easement and right-of-way to the Pacific Telephone and Telegraph Company over the westerly 4.00 feet of the above described alley to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances. Also reserving an easement and right of way to Southern California Edison Company over the Westerly 10.00 feet of the above described alley to construct, lay, install, use, maintain, alter, add to, repair, replace, inspect and/or remove, at any time and from time to time, aerial and underground electric lines and communication lines, consisting of poles, guys, and markers and other fixtures and appliances, for conveying electric energy to be used for light, heat, power, telephone and/or other related uses, in, on, over, and under and through as the Southern California Edison Company may require. BE IT FURTHER RESOLVED that August 5, 1974, at the hour of 7:30 p.m. in the Council Chambers, 22 Civic Center Plaza, Santa Ana, California, is hereby fixed as the hour and place for hearing all persons interested in or objecting to said proposed alley vacation. RESOLUTION NO. 74-113 PAGE THREE BE IT FURTHER RESOLVED that the Clerk of the Council of the City of Santa Ana is hereby ordered to publish this Resolution one time in The Register, and the Director of Public Works is ordered to post notices of alley vacation conspicuously along the line of said alley stating the passage of this Resolution of Intention to Vacate and the time and the place of the hearing thereon. Said notices shall be posted not more than 300' apart and at least three (3) such notices shall be posted. Both publication and posting shall be completed at least ten (10) days before the date of the hearing. PASSED AND ADOPTED by the City Council of the City Santa Ana at its regular meeting held on the 15th day of July , 1974. of ATTEST: COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Resolution was introduced to said Council at its regular meeting held on the 15th day of July , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, Cou nci l men: Griset, Markel, Garthe, Yamamoto, Patterson, Evans, Ward Counci linen: None ABSENT, Councilmen:None APPROVED AS TO FORM: .~CLERK OF THE COUNCIL Y 3/88 DUE TO ~OOR CONDITION ORIGINAL DESTROYED M. ii. IOl-i9ll6