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HomeMy WebLinkAbout78-130Recorded October 9, 1978 Book 12875, Page 623 3/88 EXHIBIT NOT W/RESOLUTION REL:mS 9/5/78 RESOLUTION NO. 78-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EAST-WEST ALLEY LOCATED WEST OF EUCLID STREET AND NORTH OF McFADDEN AVENUE IN THE CITY OF SANTA ANA. WHEREAS, this Council heretofore adopted on September 18 , 1978, Resolution No. 78- 12~ where it declared its intention to vacate pursuant to and in accordance with section 8322 of the Streets and Highways Code of the State of California, an east-west alley located west of Euclid Street and north of McFadden Avenue, said 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 October 2 , 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 portion of said alley; 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 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 objecting to said proposed vacation of said portion of said alley and has received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that 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 and alley purposes and not necessary or convenient for such use, based upon the following findings of fact: 1. Westerly extension of the said alley is precluded by a developed housing tract. 2. No access is available to the said alley from the north due to a flood control channel. 3. No other property can make any present or future practical use of the said alley. WHEREAS, pursuant to the provisions of S 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 non-motorized transportation facilities; and RESOLUTION NO. 78-130 PAGE TWO ACTING WHEREAS, based upon the findings contained in Initial Study No. 78-173, on file with the Planning Director of the City of Santa Ana, the City Council hereby approves the finding of the Negative Declaration issued thereon that the said vacation will not have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Santa Aha does hereby order that the east-west alley located west of Euclid Street and north of McFadden Avenue, in the city of Santa Aha, 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 18th day of September 18 , 1978, by the following vote: AYES: COUNCILMEN: Yamamoto, Bricken, 0rtiz, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: £vans~ Garthe ATTEST: ~~~/~ CL~ OF T~ COUNCIL APPROVED AS TO FORM: Brandt,