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HomeMy WebLinkAbout86-053~ t4o.ro7~ q7 REL :k-5 06/06/86 RESOLUTION NO. 86-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING BACHMAN DRIVE BETWEEEN OWENS DRIVE AND MAIN STREET WHEREAS, this Council heretofore adopted on May 19, 1986, Resolution No. 86-40, 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, Bachman Drive between Owens Drive and Main Street, as specifically described hereinbelow; and WHEREAS, said Resolution gave notice that on June 16, 1986, at 7:30 P.M., or as soon thereafter as the matter could be heard, in the City 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 said street; and WHEREAS, this Council finds that notice of said hearing has been published and posted in the manner prescribed 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 con- sidered 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 on the following findings of fact: 1. Said street is not necessary to provide access to the abutting property owner; 2. Said street is not necessary or convenient for serving the flow of traffic; and 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 said street is not useful as a nonmotorized transportation facility, as defined in §156 of said Code; and RESOLUTION NO. 86-53 PAGE TWO WHEREAS, pursuant to the provisions of ~8340(c) of said Streets and Highways Code, the City Council does hereby find and determine that the public convenience and necessity requires the removal of any in-place utility facilities that are in use in said street portion; 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 that portion of Bachman Drive between Owens Drive and Main Street described in "Exhibit A" attached hereto and incorporated herein by reference, be, and the same is, hereby vacated. 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. ADOPTED this 16th day of June , 1986 ATTE ST: C~C~ri~eofC ' t~Yc~unc ~/ COUNCI LMEMBERS: Daniel E. Griset, Mayor APPROVED AS TO FORM: ~w-ar~/]~. C~per City At t O1~6y Acosta Aye Griset Aye Hart ~ Johnson Aye Luxembourger Aye McGuigan Aye Young Aye C-7 SITE ABANDONMENT LEGAL DESCRIPTION That portion of Bachman Drive, as shown on that certain map of Tract No. 315, Owens Subdivision, recorded in Book 14, page 49 of Miscellaneous Maps of Orange County, California, except the Westerly 19 feet thereof; Together with those portions of Lots 3 and 8 in Block B of said Tract No. 315 granted to the City of Santa Aha as Parcel 2 in deeds recorded August 3, 1979, in Book 13255, page 1286 and August 7, 1973, in Book 1~837, page 836, respectively, in Official Records of said Orange County; Together with that undedicated portion of said Bachman Drive lying within Lot 16 in Block B of said Tract No. 315, and within Lot 7 of Tract No. 721 as shown on that certain map recorded in Book 22, page 4 of Miscellaneous Maps of said Orange County, said undedicated portion bounded Westerly by the West line of said Lot 16, and bounded Northeasterly by the South line of that portion of'Owens Drive as dedicated for public street by Resolution No. 2712 of the City Council of the City of Santa Aha, passed and adopted October 2, 1939.