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HomeMy WebLinkAbout79-047CM:ms 3/2/79 RESOLUTION NO. 79-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY BETWEEN PARTON AND GARNSEY STREETS NORTH OF CIVIC CENTER DRIVE WEST, ALLEY ABANDONMENT NO. 46. WHEREAS, this council heretofore adopted on February 20, 1979, Resolution No. 79-30, wherein it declared its intention to vacate pursuant to and in accordance with the provisions of Part 3 of Divsion 9 of the Streets and Highways Code of the State of California, a portion of an alley between Parton and Garnsey Streets North of Civic Center Drive West, said portion of 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 March 19, 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 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 heard any and all persons interested in or objecting to said proposed vacation of said portion of said alley, and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said portion of the said alley described in the abovementioned Resolution, and described more fully in "Exhibit A" attached hereto, is unnecessary for present or prospective alley purposes and not necessary or convenient for such use, based upon the following findings of fact: The vacation as proposed would eliminate current blight in the form of excessive right of way. The vacation as proposed will allow consolidation of adjacent lots into a larger parcel which will result in increased growth, development and efficient land utilization thereon. e Access to Garnsey Street from properties to the north of the portion of the alley proposed to be vacated will be provided by dedication of a new 20 foot east-west alley as illustrated in "Exhibit B" attached heretq, thus eliminating the necessity to maintain as an open alley the portion of said alley proposed to be vacated. RESOLUTION NO. PAGE TWO 79- 47 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 neither said street, nor parts thereof, is useful as a nonmotorized transportation facility, as defined in ~ 156 of said code; and WHEREAS, based upon the findings contained in Initial Study No. 79-13, on file in the office of 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 proposed vacation will not have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA: That this Council does hereby order that the portion of an alley between Parton and Garnsey Streets North of Civic Center Drive West, in the City of Santa Ana, more fully described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated, reserving and excepting therefrom the 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, over, across and under that prtion of said 15.00 foot alley lying Easterly of the East line of Lots 24 and 25 of said Wakeham Tract and lying Westerly of the West line of Lots 10 and 11 of said Wakeham Tract. 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 19thday of the following vote: March , 1979, by AYES: COUNCILMEN: Brandt, Evans, Garthe, 0rtiz, Ward, Yamamoto NOES: COUNCILMEN: Bricken ABSENT: ATTEST: 0F E-C0UNg APPROVED AS TO FORM: COUNCILMEN: None M~¥OR KEITH L. GOW, City Attorney PROPOSED ABANDONMENT Alley - N/Civic Center Drive, between Parton and Garnsey Legal Description A portion of that certain alley (15 feet wide) in the City of Santa Ana, County of Orange, State of California, as shown on that certain map of the Wakeham Tract recorded in Book 8, page 3 of Miscellaneous Maps, in the office of the County Recorder of said County, bounded as follows: Bounded Northerly by the Easterly prolongation of a line parallel and distant Southerly 30.00 feet, measured at right angles, from the North line of Lot 25 in said Wakeham Tract; bounded Westerly by the Southerly prolongation of a line parallel and distant 2.00 feet Easterly, measured at right angles, from the West line of Lot 24 in said Wakeham Tract; bounded Easterly by the Southerly prolongation of a line parallel and distant 5.00 feet Westerly, measured at right angles, from the East line of Lot ll in said Wakeham Tract. RESERVING and EXCEPTING therefrom the 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, over, across and under that portion of said 15.00 foot alley lying Easterly of the East line of Lots 24 and 25 of said Wakeham Tract and lying Westerly of the West line of Lots l0 and ll of said Wakeham Tract. 9t, 'ON J. N31NNOCINVGV A]llV