HomeMy WebLinkAbout77-026Book 1215, Page 1265
April 18, 1977
1:05 p.m.
CTD/k 2-15-77
P~SOLUTION NO. 77~6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING A PORTION OF AN ALLEY
BETWEEN FIRST AND SECOND STREETS BOUNDED BY
LOTS 5, 6, 13 AND 14 OF THE JENNINGS AND
FOSTERS ADDITION TO SANTA ANA IN THE CITY OF
SANTA ANA, CALIFORNIA SUBJECT TO THE RESERVA-
TION AND EXCEPTION OF A CERTAIN EASEMENT AND
RIGHT-OF-WAY; DIRECTING THE CLERK OF COUNCIL
TO FILE A CERTIFIED COPY OF THIS RESOLUTION
WITH THE OFFICE OF THE RECORDER OF ORANGE
COUNTY.
BE IT RESOLVED by the City Council of the City of Santa
Ana:
WHEREAS, this Council heretofore adopted, on January
17, 1977, Resolution No. 77-11, wherein it declared its intention
to vacate, pursuant to and in accordance with the provisions
of Part 3 of Division 9 of the Streets and Highways Code of
the State of California, subject to the reservation and exception
of a certain easement and right-of-way, a portion of the alley
between First and Second Streets bounded by Lots 5, 6, 13
and 14 of the Jennings and Fosters Addition to Santa Ana as
shown on a map filed in Book 12, page 75 of Records of Los
Angeles County, California, said portion of said alley and
said easement and right-of-way to be reserved and excepted
being specifically described in said Resolution and reference
being made in said Resolution to a certain map on file in
the office of the Clerk of the Council for full particulars
as to such proposed vacation;' and
WHEREAS, said Resolution gave notice that on the 22nd
day of February, 1977, at 7:30P.M. or as soon thereafter as
the matter can be heard, in the Council Chambers of the City
Council, 20 Civic Center Plaza, Santa Ana, California, this
Council would hear any and all persons interested in or ob-
jecting to said proposed vacation of ~hat said portion of
the alley between First and Second Streets bounded by Lots
5, 6, 13 and 14 of the Jennings and Fosters Addition to Santa
Ana subject to the reservation and exception of a certain
easement and right-of-way; and
WHEREAS, this Council finds that said Resolution has
been published in the manner prescribed by law for the publishing
of ordinances of the City; and
WHEREAS, this Council further finds that notices of said
proposed alley vacation, stating the purpose of said Resolution
and the time and place set for hearing, were posted as directed
by the Council and required by law; and
WHEREAS, this Council, at the time and place set for
hearing, has heard any and all persons interested in or objecting
to said proposed vacation of said portion of said alley, subject
to the reservation and exception of a certain easement and
right-of-way, and has received and considered all evidence
submitted; and
WHEREAS, this Council finds from all of the evidence
submitted that the said portion of the said alley described
in the above mentioned Resolution, and described more fully
in "Exhibit A" attached hereto, is unnecessary for present
or prospective street purposes based upon the following findings
of fact:
RESOLUTION NO. 77-26
PAGE TWO
1. The subject portion of the alley is presently
unimproved and does not provide primary access to any private
or public property.
2. The vacation of the alley will allow the adjacent
property owners to incorporate the alley into their property,
and will thereby eliminate liability of the City with respect
to the the property, as well as any further expenditure for
public maintenance; and
WHEREAS, pursuant to the provisions of Division 3, Chapter
8, Section 2381 of the Streets and Highways Code of the State
of California, this Council does hereby find and determine
that none of said alley, nor parts thereof, are useful as
bicycle paths or routes.
NOW THEREFORE, this Council does hereby order that the
portion of the alley between First and Second Streets bounded
by Lots 5, 6, 13 and 14 of the Jennings and Fosters Addition
to Santa Ana in the City of Santa Ana, California, more fully
described in "Exhibit A" attached hereto and by this reference
incorporated herein as though fully set forth, be and is hereby
vacated, subject to the reservation and exception of a certain
easement and right-of-way, more fully described in "Exhibit
B" attached hereto and by this reference incorporated herein
as though fully set forth.
The Clerk of the Council is hereby directed to cause a
Certified Copy hereof, attested by her under seal, to be
recorded forthwith in the Office of the Recorder of Orange County.
ADOPTED this 22nd day of February , 1977
by the following vote:
AYES: COUNCILMEN: Yamamoto, 0rtiz, Bricken, Garthe,
Bvans, Brandt, Ward
NOES: COUNCILMEN: None
ABSENT:
COUNCILMEN:
None
ATTEST:
CLERK OF THE COUNCIL
KEITH L. GOW, City Attorney
LEGAL DESCRIPTION
That real property located in the City of Santa Ana, County of Orange, State.
of California, described as follows:
An alley as shown on a map of the Jennings and Fosters Addition to Santa Ana
filed in Book 12, page 75, records of Los Angeles County, said alley being
bounded by Lots 5, 6, 13 and 14 of said Addition, said alley also being
bounded by a line parallel to and distant Southerly 30 feet, measured at
right angles, from the Northerly line of said Lots 5 and 6, said alley
also being bounded by a line parallel to and distant Northerly 35 feet,
measured at right angles, from the Southerly line of: said Lots 13 and 14.
]
]
ZONING DISTRICT
ALLEY ABANDONMENT, NO. 40 1"*