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HomeMy WebLinkAbout83-109REL:jd 8/25/83 #M. f3 RESOLUTION NO. 83- 109 AGE. NO:DEED IVU.TIME: : ao0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING SECOND STREET BETWEEN FLOWER STREET AND OLIVE STREET WHEREAS, this Council heretofore adopted on August 2, 1983, Resolution No. 83-94, wherein it declared its in- tention 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, Second Street between Flower Street and Olive Street as specifically de- scribed hereinbelow; and WHEREAS, said Resolution gave notice that on September 5,, 1983, 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 Cilvic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said pro - poised vacation of the said street portion; and WHEREAS, this Council finds that said Resolution has be n published in the manner prescribed by law for the publish - in 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 the 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 tojsaid proposed vacation of said street portion, and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence su�mitted that the said street portion described in "Exhibit A",attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. All property in the block to the south of said street and the underlying fee of said street has been acquired by'I,the Community Redevelopment Agency of the City of Santa Ana, to be conveyed to a private developer for development as a se zr: citizen housing project. RESOLUTION NO. 83-109 Pape two �.Z^ 2. Said project will not require access to or from said street. No property occupants presently located to the south of said street require access to or from said street. 3. The block to the north of said street is improved as a public park. No access to or from said street is required for said street. 4. Said street is not necessary or convenient for servicing the flow of traffic. Rather, the elimination of the intersection at Flower and Second Streets will promote the smooth flow of traffic on Flower Street. 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 street portion nor part thereof, is useful as a nonmotorized transpor- tation facility, as defined in § 156 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 in-place utility facilities that are in use in said street portion, and that easements will helreby be reserved.for said facilities. WHEREAS, based upon the findings contained in Initial Study No. 82-97, 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 en- viironment; 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 Second street between Flower Street and Olive Street in the City of Santa Ana, described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated,re- serving and excepting from said vacation the public service ease- ments set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is 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, and, pursuant to any ex- isting franchise or renewals thereof, or otherwise, to construct RESOLUTION NO. 83-109 Page three maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, tel- egraphic and telephone lines, and for the transportation and dis- tribution of electric energy and water, and for incidental purposes, including access to protect such works from all hazards, in the area of the street hereby vacated, provided that all such sewers, drains, pipes, conduits, cable, and wires shall be located underground. 3. 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 6th day of September , 1983. AT ST: NICE C. GUY. perk of the Cou cil COUNCILMEMBERS: Luxembourger A.ye Griset Aye Acosta Ave Bricken Aye Johnson Aye McGuigan Aye Young Aye Z R. V4,OOLUXEMBOURGER, Wyor APPROVED AS TO FORM: ED RD . CO ER City A for y EXHIBIT "A" 411 that certain real property situated in the*State of California, County of Orange, City of Santa Ana, described As follows: That certain strip of land, 50 feet wide, shown as Second Street on that certain Corrected Map of Blocks L, M, N, O, and P of Ross Addition to Santa Ana, recorded in Book 1, page 45 of Record of Surveys of Orange County, California, bounded Westerly by the Northerly prolongation of the West line of said Block L, and bounded Easterly by the Northerly prolongation of the East line of said Block L; Excepting therefrom that portion of said street lying Easterly of the following described line: Beginning at a point on the monumented center line of Third Street which is 47.55 feet Westerly from the intersection of the monumented center lines of Third Street and Flower Street, and running thence Southeasterly in a straight line to a point on the monumented center line of Second Street which is 29.33 feet Westerly from the intersection of the monumented center lines of Second Street and Flower Street. Together with that certain spandrel shaped parcel of land described as Parcel 3 on a deed to the City of Santa Ana recorded October 12, 1972 as document number 11672 in Book 10369, pages 812 and 813 of Official Records of Orange County, California.