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
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APPROVEDBY
DESCRIPTION
DESCRIPTION
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PROJECT
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DIRECTOR
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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
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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
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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
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