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1/10/79
RESOLUTION NO. 79-13
A RESOLUTION OF THE CITY COUNCIL oF-~TH~~
CITY OF SANTA ANA VACATING A PORTION OF
BIRCH STREET BETWEEN FIFTH STREET AND
SANTA ANA BOULEVARD, STREET ABANDONMENT
NO. 93.
WHEREAS, this council heretofore adopted on December
18, 1978, Resolution NO. 78-153, 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 Birch Street
between Fifth Street and Santa Ana Boulevard, said portion
of said street 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
January 15, 1979, at 7:30 p.m. or as soon thereafter as the
matter could be heard, in the Council Chambers of the City
of Santa Ana, 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 street; 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 street 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
street and has received and considered all evidence submitted;
and
WHEREAS, this Council finds from all the evidence
submitted that the said portion of the said street 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 Orange County Transit District (OCTD)
Park-and-Ride structure is scheduled for construction
in the area of said vacation and the site plan for
said structure has been approved by the Santa Ana
Community Redevelopment Agency.
2. The elimination of right of way to be vacated
will reduce the number of local traffic intersections
and focus traffic flow onto major arterial streets
which will facilitate smoother traffic circulation.
RESOLUTION NO. 79~3
January 10, 1979
Page Two
3. The vacation as proposed would eliminate
current blight in the form of excessive right of
way resulting in frequent traffic intersections
and would decrease the number of small inefficient
blocks.
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 street, nor parts thereof, is useful as abicyele path
or route; and
WHEREAS, based upon the findings contained in
Initial Study No. 78-235, on file with the Planning Director
of the City of Santa Ana, the City Council hereby approves
the finding of the Negative Declaration issued threon 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 Birch Street
between Fifth Street and Santa Ana Boulevard, 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; excepting and reserving to the City of Santa
Ana, its successors and assigns, a permanent easement and
right at any time, or from time to time, 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
telegraphic and telephone lines, and incidental purposes,
including access and the right to keep the property free
from inflammable materials, and wood growth, and otherwise
protect the same from all hazards in, upon and over the
street or part thereof proposed to be 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 15th day of 3anuary
the following vote:
, 1979, by
AYES:
NOES:
COUNCILMEN:
COUNCILMEN:
Brandt, Bricken, Evans,
Ortiz, Ward, Yamamoto
None
Garthe,
ABSENT: COUNCILMEN:
ATTEST:
oF TME U
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney
None
M~¥OR
Legal Description
That certain portion of Birch Street, 60 feet wide, in the City of Santa Ana,
County of Orange, California, as shown on that certain map of Hickey's, Andrew's
and Crane's Addition to Santa Ana recorded in Book 5, page 352 of Miscellaneous
Records of Los Angeles, California and as shown on that certain map of the Birch
Addition to Santa Ana recorded in Book 3, page 145 of Miscellaneous Records of
Los Angeles County, California, bounded Northerly by the South line of Sixth
Street, 60 feet wide, and bounded Southerly by the North line of Fifth Street,
60 feet wide.
EXHIBIT A