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HomeMy WebLinkAbout82-059REL:adg 3/15/82 RESOLUTION NO. 82-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EAST-WEST ALLEY LOCATED NORTH OF FIRST STREET BETWEEN TOWNSEND AND RAITT STREETS WHEREAS, this Council heretofore adopted on April 5, 1982, Re~olution No. 82- , 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, an east-west alley located north of First Street between Townsend and Raitt Streets as specifically described hereinbelow.; and WHEREAS, said Resolution gave notice that on May 3, 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 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 "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. The said alley is not necessary to serve abutting property owners and occupants due to the availability of access to such abutting property from other streets; RESOLUTION NO. 82-59 PAGE TWO 2. The vacation of said alley will reduce traffic hazards by eliminating intersections; 3. Said alley is not necessary or convenient for the flow of traffic; and 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 alley, nor part thereof, is useful as a nonmotorized transportation facility, as defined in S156 of said code; and WHEREAS, pursuant to the provisions of ~8340(c) of the said Streets and Highways Code, the City Council does hereby find and determine that there are no in-place public utilities that are in use in said alley. WHEREAS, based upon the findings contained in Initial Study No. 81-217, 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 east- west alley located north of First street between Townsend and Raitt 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. RESOLUTION NO. 82-59 PAGE THREE 2. 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 3rd day of May Gordon , Mayor ATTEST: ~nice C. G-uy~-C' ~r"~ o~[he Council COUNC I LMEMBERS: Bricken Ave Luxembourge r Acosta Serrato Griset Markel Absent McGuigan A.v~ Approved as to Form: ~c~ward-J-. ~oo~ City Attorney LEGAL DESCRIPTION ALLEY ABANDONMENT NO. 56 That certain l0 foot strip of land in the City of Santa Ana, County of Orange, State of California, tnpether with the South 5.0 feet of the West 40.0 feet of Lot 6, all in Block B of the Fisher Tract, as shown on that certain map recorded in Book 4, page gO of Miscellaneous Maps of said County, bounded Westerly by the East line of Townsend Street; bounded Easterly by the West line of Daisy Avenue; the Southerly sideline of said strip being the North line of Lots 1,3,5,7,g and II of said Block B; Together with that certain l0 foot wide strip of land in the City of Santa Ana, County of Orange, State of California, in Block 1 of the Artesia Street Tract, as shown on that certain map recorded in Book 4, page 30 of Mis- cellaneous Maps of said County, bounded Westerly by the East line of Daisy Street; bounded Easterly by a line parallel with, and distant Westerly 40.0 feet, measured at right angles from, the centerline of Raitt Street; the Southerly sideline of last said strip being the North line of Lots 1,3,5,7,9,11,13,15 and 17 of said Block 1. Reserving from all the foregoing, except the said South 5.0 feet of the West 40.0 feet of Lot 6 in Block B of the Fisher Tract, the permanent easement and right at any time, or from time to time, to construct, place, operate, inspect, maintain, repair, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, anchors, manholes, markers and other convenient or nec- essary structures, equipment, fixtures and appurtenances, for the transportation and/or distribution of electrical energy and/or telephone, telegraph and other types of communication, including the right to enter therein and the right to keep the property free from all inflammable materials and wood growth, and otherwise protect the same from all hazards.