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HomeMy WebLinkAbout2003-022 - Vacating a Portion of Sycamore Street Between First Street and Second Street)f/ When recorded, please niaittnts" instrument and tax statements to: Clerk of the Council City of Santa Ana - i Ivic Center Plaza M-30 aanta Ana, CA 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINU FEE 2004000234341 11:49am 03/23/04 130 42 R28 B 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVEDBY DESCRIPTION DESCRIPTION A,p, RNV MAP PROJECT TAXES PUBLIC WORK6 ` DIRECTOR WRITTEN BV CHECKED'O,K, NUMBER NUMBER NUMBER 398-274-03 N-316 Abandonment02-03 East side Sycamore sidewalk between First St. and Second St. 8113 (Address/Approximate Locatlon) DEED NUMBER RESOLUTION NO. 2003-022 E 1 /29/03LS RESOLUTION NO. 2003-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SYCAMORE STREET BETWEEN FIRST STREET AND SECOND STREET (ABANDONMENT NO. 02-03) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted, on January 21, 2003, Resolution No. 2003-008 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 between First and Second Street. The proposed abandonment area measures six feet in width by approximately 165 feet in length, as shown on the map labeled Exhibit 1 attached hereto • and made a part hereof by this reference. B. Said Resolution gave notice that at its meeting of February 18, 2003, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. C. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. D. 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. E. 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 portion of the street and received and considered all evidence submitted. F. This Council finds from all the evidence submitted that said portion of the street is unnecessary for present or prospective public use, based upon the following findings of fact: • a. Said portion of said street is not necessary to provide access to abutting property owners; and Resolution No. 2003-022 Page 1 of 4 b. Said portion of said street is unnecessary for present or prospective public use. G. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street nor any part thereof is useful as nonmotorized transportation facilities, as defined in section 887of said Code; 2. This Council does hereby order that that portion of Sycamore Street between First and Second Street as shown on the map labeled Exhibit 1 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. 3. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of Walnut Street hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in -place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. 4. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 01-08 will be filed for this report. 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County. 6. Said portion of the street shall not be deemed vacated until this resolution is recorded. ADOPTED this 1 e day of February, 2003. Resolution No. 2003-022 Page 2 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: 1� . Lisa E. Storck Assistant City Attorney AYES: Councilmembers: Christy, Franklin, Garcia, Pulido, Solorio (5) NOES: Councilmembers: Bist(1) ABSTAIN: Councilmembers: None NOT PRESENT: Councilmembers: Alvarez CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-022 to be the original resolution adopted by the City Council of the City of Santa Ana on February 18, 2003. Date: z` o Clerk of the Council City of Santa Ana Resolution No. 2003-022 Page 3 of 4 SECOND STREET 10 9 1 I I 7 B — — — — — — — — —I w w SAV-ON /i LIVE WORK JI — — — — — — 6 5 — — — — — — — — I p PRQJECT I I U) I I — — — — — — — — — �------- —� I I I I I I TO BE VACATEDI PORTION TO BE SOLD cA=86 sa.ft• I FIRST STREET w z N.T.S. - AREA TO BE VACATED EXHIBIT 1fi S0.NTA ANA Title: ABANDONMENT 02-03 la City Council PrW A 1 Agenda Date TO VACATE A PORTION OF SYCAMORE STREET BETWEEN FIRST STREET AND SECOND STREET l�o. �gb.QQ,z2003 —