HomeMy WebLinkAbout90-044DEED
TIME:..___Z,~-.~
RESOLUTION NO. 90-044
REL:mb(34)
1/17/90
Rev. 2/1/90
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA VACATING AN
EAST-WEST ALLEY NORTH OF FIRST STREET
BETWEEN LYON AND MABURY STREETS.
WHEREAS, this Council heretofore adopted on
~r~ 19 , 1990, Resolution No. 90-O21, 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 east-
west alley north of First Street between Lyon and Mabury Streets.
WHEREAS, said Resolution gave notice that on
~ril 16, , 1990, 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 Civic Center Plaza, Santa Ana, California, this
Council would hear any and all persons interested in or objecting
to said proposed vacation of the said alley; and
WHEREAS, this Council finds that said Resolution has
been published in the manner prescribed by law for the publishing
of ordinances of the City; and
WHEREAS, this Council further finds that notices of
said proposed alley 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 to
said proposed vacation of said alley, and received and considered
all evidence submitted;
WHEREAS, this Council finds from all the evidence
submitted that the said alley described in "Exhibit A" attached
hereto, is unnecessary for present or prospective public use,
based upon the following findings of fact:
1. Said alley is not necessary to provide access to
abutting property owners.
2. Said alley is not necessary or convenient for
servicing the flow of traffic.
WHEREAS, pursuant to the provisions of ~ 2381 of the
Streets and Highway Code of the State of California, the City
Council does hereby find and determine that said alley nor part
thereof, is useful as a nonmotorized transportations facility,
as defined in ~ 156 of said Code;
081
O82
RESOLUTION NO. 90-044
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 east-west
alley north of First Street between Lyon and Mabury Streets
described in "Exhibit A" attached hereto and made a part hereof
by this 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 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 telegraphic and
telephone lines, and for the transportation 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 April , 1990.
ATTEST:
~Ierk of the Counci~ /
COUNCILMEMBERS:
Young Aye
Acosta Aye
Griset Aye
May Aye
McGu i ga n Aye
Norton A_~y%
Pulido
APPROVED AS TO FORM:
~r
City Attorney