HomeMy WebLinkAbout80-194RESOLUTION NO. 80-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING THE RIGHT OF WAY SOUTH OF FIFTH
STREET AND WEST OF HARBOR BOULEVARD, STREET ABANDONMENT
NO. 99
WHEREAS, this council heretofore adopted on October
6, 1980, Resolution No. 80-173, 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, the right of way south of
Fifth Street and west of Harbor Boulevard, said right of way
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 3, 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 Aha, California,
this Council would hear any and all persons interested in .or
objecting to said proposed vacation of the said right of
way; 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 right of way 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 right of way,
and received and considered all evidence submitted; and
WHEREAS, this Council finds from all the evidence
submitted that the said right of way 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:
The right of way was conveyed to the City
in 1964 in anticipation of a Third Street
construction between First and Fifth Streets.
Plans for said Third Street construction have
been abandoned, therefore, said right of way
is no longer required.
Through vacation of the right of way, the
original adjacent property owner can incorporate
the right of way into its property, thereby
eliminating public maintenance and liability.
- 1 -
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 neither
said right of way, 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. 8~171, on file in the office of the
Planning Director of the City of Santa Aha, the City Council
hereby approves the finding of the Negative Declaration
issued thereon that the said proposed vacation will not halve
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
right of way south of Fifth Street and west of Harbor
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 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 3rd day of
the following vote:
November
, 1980, by
AYES: COUNCILMEN:
NOES: COUNCILMEN:
BRICKEN, GRISBT, MARKEL, SERRATO,
WARD, YAMAMOTO
NONE
ABSENT: COUNCILMEN: LUXEMBOURGER
ATTEST:
APPROVED AS TO FORM:
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City Attorney
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