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HomeMy WebLinkAbout89-026BOOK/PACE DEED NO. TIME: ~/: RESOLUTION NO. 89- 26 REL:mb(10). 2/13/89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN ALLEY IN THE BLOCK BOUNDED BY MAIN, SYCAMORE AND POMONA STREETS AND EDINGER AVENUE. WHEREAS, this Council heretofore adopted on February 6, 1989, Resolution No. 89-10, 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 alley in the block bounded by Main, Sycamore and Pomona Streets and Edinger Avenue, as specifi- cally described hereinbelow; and WHEREAS, said Resolution gave notice that on March 6, 1989, at 7:00 pom., 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 pro- posed vacation of said alley; 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 alley and received and considered all evidence submitted; and WHEREAS, this council finds from all the evidence sub- mitted that the said alley is unnecessary for present or prospec- tive public use, based on the following findings of fact: 1. Said alley is not necessary to provide access to the abutting property owner; 2. Said alley 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 alley is not useful as a nonmotorized transportation facility, as defined in ~ 156 of said Code; and lib "' RESOLUTION NO. 89- 26 PAGE TWO 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 alley in the block bounded by Main, Sycamore, and Pomona Streets and Edinger Avenue described in "Exhibit A" attached hereto and incorporated herein by reference, be, and the same is, hereby vacated, reserving and excepting from the vacation the easement and right at any time, or from time to time, pursuant to any existing franchise or renewals thereof, or otherwise, to con- struct, maintain, operate, replace, remove, renew, and enlarge lines of conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, and for the trans- portation or distribution of electric energy, and for incidental purposes, including access to protect such works from all hazards in, upon, and over said vacated alley. 2. 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. ADOPTED this 6th day of March , 1989. ATTEST: APPROVED AS TO FORM: ~nfce C. Guy Clerk of the Council~ / COU N CI LMEM BE RS: Edward ~J .~o~per City Attor~ Young Absent McGuigan Ave Acosta Aye Griset Aye May Aye Pulido Aye F. XHIBIT A Abandonment ~o. 88-A9 Le~al Description That certain 12.0-foot-wide alley, located within Block A of Tract No. 531 as sho~n on a map recorded in Book 18, page 3 of Miscellaneous Maps of Orange County, California, said alley dedicated to the City of Santa Aha by deeds recorded in Book 415, page 345; Book 418, page 436; and Book 418, page 437, all in Records o£ said Orange County; Together with that portion dedicated by deed recorded as Document No. 85-056257 in said Records; Together with that portion dedicated by deed recorded aa Document No. 86-435659 in said Records; Together with that portion dedicated by deed recorded as Document No. 86-435660 in said Records;