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10/17/79
RESOLUTION NO. 79-203
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING AN ALLEY EAST
OF HALLADAY STREET, SOUTH OF CHESTNUT
AVENUE, ALL~Y ABANDONMENT NO. 47.
WHEREAS, this council heretofore adopted on October 1,
1979, Resolution No. 79-173, 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, an alley east of Halladay Street,
south of Chestnut 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
November 5, 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 Aha, 20 Civic Center Plaza, Santa Aha, California,
this Council would hear any and all persons interested in or
objecting to said proposed vacation of the 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 alley and
received and considered all evidence submitted; and
WHEREAS, this Council finds.from all the evidence
submitted that the said 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. On July 2, 1979, the City Council
approved a Conditional Use Permit
for the construction of condominium
residences at the southeast corner
of Halladay and Chestnut and abuting
the north line of subject alley.
2. Roosevelt Elementary School
which abuts the south line of the
subject alley, has fenced along said
line and does not use said alley.
3. Through vacation of the alley,
the adjacent property owners can
incorporate the alley into their
property, thereby eliminating the
need for public maintenance and
a potential source of liability.
RESOLUTION NO. 79-203
PAGE TWO
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 S 156 of said code;
and
WHEREAS, based upon the findings contained in
Initial Study No. 79-135, 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 alley
east of Halladay Street, south of Chestnut Avenue, 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.
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 5th day of November , 1979, by
the following vote:
AYES:
COUNCILMEN: Bricken, Markel, Serrato, Ward, Yamamoto
NOES:
COUNCILMEN: None
ABSENT: COUNCILMEN: Griset, Luxembourger
ATTEST:
APPROVED AS TO FORM:
MAYOR
KEITH L. GOW, City Attorney
RESOLUTION NO. 79-203
Proposed Alley Abandonment No. 47
East of Halladay,
South of Chestnut
Legal Description
That certain alley, 15.0 feet in width, in Block C of W. G. Benedict's Sub-
division of the Daniel Halladay Tract, as shown on that certain map recorded
in Book 25, pages 7 and 8 of Miscellaneous Maps, Official Records of Orange
County, California, together with the Northerly 2.5 feet of Lots 10 and ll
in said Block C of W. G. Benedict's Subdivision, together with the Northerly
lO.O0 feet of Lots 12, 13 and 14 in said Block C of W. G. Benedict's Sub-
division.
Excepting therefrom the Westerly 3.00 feet of said 15.0 foot wide alley.
Also 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 transportation
or distribution of electrical energy and incidental purposes, including
access and the right to keep the property free from all inflammable materials
and wood growth, and otherwise protect the same from all hazards, in, upon,
over, across and under a strip of land bounded Southerly by the South line
of said alley and the South line of the North 2.5 feet of said Lots lO and
11 and the South line of the North 10.00 feet of said Lots 12, 13, and 14,
and bounded Northerly by a line parallel with and distant Northerly 7.5 feet,
measured at right angles, from said South line of the North 10.00 f6et of
Lots 12, 13 and 14 and its Westerly prolongation.
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