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10/26/79
RESOLUTION NO. 79-219
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PORTION OF
AN EAST-WEST ALLEY LOCATED BETWEEN CUBBON
AND BROOK STREETS AND EAST OF BRISTOL
STREET IN THE CITY OF SANTA ANA.
WHEREAS, this Council heretofore adopted on November 5,
1979, Resolution No. 79-197, 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, a
portion of an east-west alley located between Cubbon and
Brook Streets and east of Bristol Street, 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
December $ , 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 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. Said alley has never been improved or in fact
used for right-of-way purposes.
2. No 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 no part
of said alley is useful as a non-motorized transportation
facility; and
RESOLUTION NO. 79- 2]9
PAGE TWO
WHEREAS, based upon the findings contained in
Initial Study No. 79-163, 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 Ana does hereby order that the portion of the east-
west alley located between Cubbon and Brook Streets and east
of Bristol Street, 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, subject
to the reservation of an easement for the purposes set forth
in said "Exhibit A".
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 3rd day of
the following vote:
December , 1979, by
AYES:
NOES:
COUNCILMEN: Bricken, Griset, Luxembourger,
Markel, Ward, Yamamoto
COUNCILMEN: None
ABSENT: COUNCILMEN: Serrato
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney
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