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HomeMy WebLinkAbout80-160REL:adg 8/14/80 RESOLUTION NO. 80-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, VACATING THAT PORTION OF FOURTH STREET BETWEEN ROSS STREET AND SANTA ANA BOULEVARD, IN THE CITY OF SANTA ANA. WHEREAS, this Council heretofore adopted, on August 18, 1980, Resolution No. 80-143, 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, that portion of Fourth Street, between Ross Street and Santa Ana Boulevard, 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 September 15, 1980, 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 portions of said streets and alleys; 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 and 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 portions of said streets and alleys 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 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 said street is no longer necessary to serve abutting property owners and occupants due to the planned redevelopment of the area bounded by Ross Street, Third Street, Parton Street, and Santa Ana Boulevard. 2. The vacation of the said streets and alleys will facilitate smoother traffic circulation by focusing traffic flow on to major arterial streets. 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; RESOLUTION NO. 80-160 PAGE TWO NOW, THEREFORE, the City Council of the City of Santa Ana does hereby order that the portion of Fourth Street between Ross Street and Santa Ana Boulevard, 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; excepting and reserving to the City of Santa Aha, its successors and assigns, a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across any street or part thereof proposed to be vacated and pursuant to any existing franchises or renewals thereof, or otherwise, 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 gas pipe lines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, 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 September , 1980, by the following vote: AYES: COUNCILMEN: Griset, Luxembourger, Ward, Yamamoto NOES: COUNCILMEN: Markel ABSENT: COUNCILMEN: Bricken, Serrat0 ATTEST: EDWARD J.. CITY ATTORNEY RESOLUTION NO. 80-160 0 L ........ L ....... .J I~ I 0 ~ 2'~£F T A~AIVDDIVM£NT NO. I01 LEGAL DESCRIPTION ABANDONMENT OF FOURTH STREET ROSS TO PARTON STREET ABANDONMENT NO. 101 That portion of Fourth Street, 80.0 feet wide, as shown on that certain map of the Ross Addition to Santa Ana recorded in Book 3, pages 534 and 535, bounded Easterly by a line parallel with and 15.0 feet Westerly, measured at right angles, from the West line of Ross Street as shown on said map, and bounded Easterly by the followinq described line: Beginning at a point in the South line of Fourth Street as said South line presently exists 54.0 feet South of the centerline of Fourth Street as shown on said map, said point lying lO0.O0 feet Westerly, measured at right angles, from the centerline of Patton Street, said point being the beginning of a tangent curve concave Northwesterly, having a radius of 854.0 feet; thence Northeasterly along said curve to a point of intersection with the North line of said fourth Street.