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HomeMy WebLinkAbout82-017REL:adg 1/15/82 RESOLUTION NO. 82- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SYCAMORE STREET NORTH OF THIRD STREET WHEREAS, this Council heretofore adopted on January 4, 1982, Resolution No. 82-1, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of Sycamore Street north of Third Street as specifically described hereinbelow. WHEREAS, said Resolution gave notice that on February 1, 1982, 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 street; 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 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 street, and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said street described in "Exhibit A" attached hereto, is unnecessary for present or prospective public 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 on each side thereof together with the said street area. 2. The vacation of the said street will reduce traffic hazards by eliminating a portion of an intersection. 3. The vacation of the said street will facilitate smoother traffic circulation by focusing traffic flow on to major arterial streets. RESOLUTION NO. 82- PAGE TWO 4. The vacation of said street will aid in removal blight conditions in the area by promoting the goal of decreasing excessive rights-of-way, traffic intersections and small, inefficient blocks. of WHEREAS, pursuant to the provisions of S8340(c) of the said Streets and Highways Code, the City Council does hereby find and determine that, although there are in-place public utility gas pipelines that are in use in said street, the public convenience and necessity require the removal of such gas pipelines from the street, because their continued location therein would be inc~patible with the proposed development of the area following vacation of the street. WHEREAS, based upon the findings contained in Initial Study No. 81-215, 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 AS FOLLOWS: 1. That this Council does hereby order that the portion of Sycamore Street north of Third 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 the same is, hereby vacated. 2. Reserved and excepted from the abovesaid vacation is the easement and right of the City of Santa Ana at any time, or from time to time, to construct, maintain, operate, replace and renew sanitary sewers and storm drains and appurtenant structures in the said vacated street area, including access to protect such works from all hazards. 3. Also reserved and excepted from the abovesaid vacation is the easement and right of the City of Santa Ana, pursuant to the existing franchise or renewal thereof, to construct, maintain, operate, replace, remove, renew and enlarge conduits, cables, wires and other convenient WHEREAS, pursuant to the provisions of S2381 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 S156 of said code; and RESOLUTION NO. 82- 17 PAGE THREE structures, equipment and fixtures for the transportation and distribution of electric energy in the said vacated street area, including access to protect such works from all hazards; provided, however, the aforesaid right and easement for transportation and distribution of electric energy shall be restricted to the location (including depth) of existing facilities as shown on a precise map on file in, and permanently maintained by, the office of the Director of Public Works of the City of Santa Ana, except as otherwise authorized or directed by the said Director of Public Works, and the right access to such works shall be conditional upon the prior consent of said Director of Public Works and subject to such conditions and limitations as he may reasonably require for the preservation and protection of improvements constructed in the vacated street area. 4. 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. 1982. ADOPTED this lst day of Februar.y , ATTEST: ce C. Guy, Cl.~k ~/Ehe COUNC I LMEMBERS: Bricken Luxembourger Acosta Serrato Nay Griset AyP Markel Nay McGuigan Council Approved as to Form: ~-dward J./C6o;fer,~ City Attorney L~GAL DESCRIPTION STREET ABANDONMENT NO. 109 SYCAMORE STREEl - FROM THIRD STREET NORTHWARD All that certain portion of Sycamore Street in the City of Santa Ana, County of Orange, State of California, as shown on that certain map of the lown of Santa Ana, recorded in Book 2, page 51, Miscellaneous Records of Los Angeles County, bounded Southerly by the North line of Third Street, 60 feet wide, as shown on said map, and bounded Northerly by a line parallel with and distant Northerly 140 feet, measured at right angles, from said North line of Third Street.