Loading...
HomeMy WebLinkAbout81-008CM:ms 12/23/80 RESOLUTION NO. 81- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EAST-WEST ALLEY BETWEEN THIRD AND FOURTH STREETS EXTENDING FROM ROSS TO BIRCH STREETS, ALLEY ABANDONMENT NO. 49. WHEREAS, this council heretofore adopted on December 8, 1980, Resolution No. 80--199, 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 east-west alley between Third and Fourth Streets extending from Ross to Birch Streets, 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 January 5, 1981 at 2:00 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 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: The west end of the alley near Ross Street has been closed due to undermining of the pavement and is no longer in use. Adjacent property owners have quit-claimed any interest in and to the alley to the Community Redevelopment Agency and the alley is needed for a future redevelopment project. The vacation as proposed will incorporate the alley into the adjacent redevelopment project, thereby eliminating public maintenance and liability. RESOLUTION NO. 81~ PAGE TWO 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 alley, 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. 80-217, 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 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 between Third and Fourth Streets extending from Ross to Birch Streets, 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 record.ed forthwith in the Office of the Recorder of Orange County. ADOPTED this 5th day of Janua~ , 1981, by the following vote: AYES: COUNCII~EN: Bricken, Luxembourger,Serrato, Ward, Yamamoto NOES: COUNCILMEN: Markel ABSENT: COUNCILMEN: Griset ATTEST: c° v %~APPRO~-ED AS TO FORM: Legal Description Proposed Alley Abandonment South of Fourth Street, East of Ross Street A portion of that certain alley (12.00 feet wide) in the City of Santa Aha, County of Orange, State of California, as shown on that certain map of the Park Tract Addition to Santa Aha recorded in Book 1, page 30 of Record of Surveys, records of said Orange County and more particularly described in that certain deed to the City of Santa Ana recorded on December 27, 1897 in Book 36, page 37 of Deeds of said County, bounded Easterly by the East line of Lot 37 of the Birch Addition to Santa Ana as shown on Map recorded in Book 3, page 145 of Miscellaneous Records of Los Angeles County, and the Southerly prolongation thereof, and bounded Westerly by a line parallel with and distant Easterly 15 feet, measured at right angles, from the West line of Lot 29 of said Birch Addition and the Southerly prolongation thereof.