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HomeMy WebLinkAbout78-088Recorded 7-17-78, 1:45 P.M. CM:adg Book 12760, Page 1128 6/28/78 RESOLUTION NO. 78-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF FIFTH STREET FROM THE COUNTY JAIL WESTERLY TO SHELTON STREET AND A NORTH-SOUTH ALLEY BETWEEN SANTA ANA BOULEVARD AND FIFTH STREET WEST OF THE COUNTY JAIL IN THE CITY OF SANTA ANA WHEREAS, this council heretofore adopted on June 19, 1978, Resolution No. 78-75, where 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, a portion of Fifth Street from the County Jail westerly to Shelton Street and a 20-foot north-south alley between Santa Ana Boulevard and Fifth Street west of the County Jail, said portions of said street and alley 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 July 11, 1978, at 7:30 p.m., or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Aha, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said portions of said street and alley; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the pub- lishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed street and alley vacation stating the purposes of said Resolution and 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 object- ing to said proposed vacation of said portions of said street and alley and has received and considered all evidence sub- mitted; and WHEREAS, this Council finds from all the evidence submitted that the said portions of the said street and alley described in the abovementioned Resolution, and described more fully in "Exhibit A" attached hereto, is unnecessary for present or prospective street and alley purposes and not necessary or convenient for such use, based upon the following findings of fact: 1. The street and alley are presently not needed for public street and access purposes. 2. The proposed abandonment would permit the further development of the Civic Center facilities. 3. Abandonment of or easements for all affected utilities have been provided for. RESOLUTION NO. 78-88 PAGE TWO WHEREAS, pursuant to the provisions of § 2381 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that none of said streets and alleys, nor parts thereof, are useful as bicycle paths or routes; and WHEREAS, based upon the findings contained in Initial Study No. 78-118, on file with the Planning Director of the City of Santa Ana, the City Council hereby approves the findings of the Negative Declaration issued thereon that the said proposed vacation will not have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Santa Ana does hereby order that the portion of Fifth Street from the County Jail westerly to Shelton Street and a north- south alley between Santa Ana Boulevard and Fifth Street west of the County Jail, in the City of Santa Ana, more fully described in "Exhibit A" attached hereto and made a part hereof by this reference, be and is hereby vacated. 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 llth day of July , 1978, by the following vote: AYES: COUNCILMEN: Garthe, Brandt, Bricken, Yamamoto, Ward COUNCILMEN: None COUNCILMEN: Ortiz, Evans NOES: ABSENT: I:LORENCE I. MAI.ONE MAYOR APPROVED AS TO FORM: CITY ATTORNEY LEGAL DESCRIPTION PARCEL 1: That portion of Fifth Street, 60 feet wide, situate in the City of Santa Aha, County of Orange, State of California, bounded Northerly by the South lines of Constantine's, Gildar~acher's and Grouards Additions as shown on maps recorded in Book 2, pages 57, 58 and 59 respectively, Miscellaneous Records of Los Angeles County, Kalifornia; bounded Southerly by the North lines of Shelton and Deuels Addition and Salisbury's Addition as shown on maps recorded in Book 2, page 3 and Book l, page 92 respectively, Miscellaneous Records of Los Angeles County, California; bounded Westerly by the Northerly prolongation of the West line of Lot 5 of said Shelton and Deuels Addition; bounded Easterly by a line parallel and distant 20 feet Easterly, measured at right angles, from the East line of Lot l0 of said Salisbury's Addition. PARCEL 2: That certain strip of land, 20 feet wide, situate in the City of Santa Ana, County of Orange, State of California, bounded Westerly by the East line of the Salisbury's Addition as shown on a map filed in Book l, page 92, Miscellaneous Records of Los Angeles County, California; bounded Northerly by the South line of Fifth Street, 60 feet wide; bounded Southerly by a line parallel and distant 54 feet Northerly, measured at right angles, from the centerline of Santa Ana Boulevard {forlnerly Fourth Street). ~. $1f~L rOW PROPOSED STREET VACATION MAP