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HomeMy WebLinkAbout91-022303 REL:mb 1/31/91 RESOLUTION NO. 91-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PARTON, VAN NESS AND ROSS STREETS BETWEEN WALNUT AND FIRST STREETS, A NORTH-SOUTH ALLEY EAST OF ROSS STREET BETWEEN WALNUT AND FIRST STREETS, AND AN EAST- WEST ALLEY BETWEEN ROSS STREET AND SAID NORTH- SOUTH ALLEY. WHEREAS, this Council heretofore adopted on January 22, 1991, Resolution No. 91-012, 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, Parton, Van Ness and Ross Streets between Walnut and First Streets, a north-south alley east of Ross Street between Walnut and First Streets, and an east-west alley between Ross Street and said north-south alley. WHEREAS, said Resolution gave notice that on February 19, 1991, 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 street and alleys; 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 street and 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 streets and alleys and received and considered all evidence submitted; 204 PAGE TWO WHEREAS, this Council finds from all the evidence submitted that the said streets and alleys are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said street and alleys are not necessary to provide access to abutting property owners. 2. Said street and alleys are not necessary or convenient for servicing the flow of traffic. WHEREAS, if and to the extent there are in-place public utility easements that are in use in that portion of Van Ness Street and in those alleys which are to be vacated hereunder, the city Council finds and determines that the public convenience and necessity require that those public utility facilities be removed from the said street and alley areas. 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 neither said streets nor alleys nor part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that Parton and Ross Streets between Walnut and First Streets, more specifically described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated, reserving and excepting from the vacation the 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 in, upon, over, and across said vacated street 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 lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, anumonia, and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over said vacated street. 2. This Council does further order that Van Ness Street between Walnut and First Streets, a north-south alley east of Ross 2 RESOLUTION 9t-022 PAGE THREE Street between Walnut and First Streets, and an east-west alley between Ross Street and said north-south alley, more specifically described in "Exhibit B," attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. 3. 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 at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the following conditions have been satisfied: (a) The Santa Ana Unified School District shall have completed the following street improvements in accordance with city of Santa Ana Street Improvement Plan No. 1-28-21, subject to such modification as may be mutually agreed upon by the said District and the City's Public Works Agency: Closure of the streets and alleys to be vacated hereunder with curb, gutter, pavement, and sidewalk at the locations where they access on to First Street and that part of Walnut Street which is to remain public right-of-way. 2. Installation of street lights and street trees. 3. Construction of sewer, water and storm drain facilities. Removal and replacement of damaged sidewalk on First Street, Birch Street, and Walnut Street. 5. Modification of the existing traffic signal at First Street and Ross Street. 6e Removal and reconstruction of the median in First Street east of Ross Street. Construction of a wheelchair ramp at the northwest corner of Walnut Street and Birch Street. 8. Installation of a new intersection at Ross Street and Walnut Street. 9. Installation of signage and striping at the intersection of First Street and Parton Street. RESOLUTION 91-022 PAGE FOUR (b) The Santa Ana Unified School District shall have dedicated a 15-foot radius property line spandrel at the northwest corner of Walnut and Birch Streets. 4. The abovesaid streets and alleys shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid ~tr~et~ and all~y~ to vehioular traffic, a~ app~oD~iat~ to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code. ADOPTED this ]9th day of FSBRU^R¥ 199 ] ATTEST: ~j~ce c. Guy / ~ ~lerk of the Councilt ' COUNCILMEMBERS: Young Pulido ~h~nt Acosta Aye Griset Absent McGuigan Aye Norton Aye Richardson APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9]-022 to be the original resolution adopted by the city Council of the city of Santa Ana on ,2;/, q/9 / 4 Cou~i 1, Date of the City of Santa Ana EXHIBIT A Abandonment No. 88-A12 Parton Street That certain strip of land, 60.00 feet wide, bounded Southerly by the North line of Walnut Street as shown on that certain map of McFadden and Crane's Addition to the Town of Santa Ana recorded in Book 11, page 40 of Miscellaneous Records of Los Angeles County; bounded Northerly by the South line of First Street as shown on said map; and whose Easterly line is parallel with and distant Westerly 10.21 feet from the West line of Lots i and 12 in Block A of said McFadden and Crane's Addition; Together with a spandrel-shaped area at the Northeast corner of Parton Street at Walnut Street as granted to the city of Santa Ana by deed recorded July 18, 1974 in Book 11199, page 59 as Document No.17902 in official Records of Orange County, California. Ross Street That certain portion of Ross Street as granted to the City of Santa Ana by deed recorded January 29, 1912 in Book 213, page 313, Records of Orange County, excepting therefrom the Northerly 30.00 feet; Together with a spandrel-shaped area at the Southwest corner of Ross Street at First Street as granted to the City of Santa Ana by deed recorded October 1, 1969 in Book 9095, page 281 as Document No. 255 in official Records of Orange County; Together with a spandrel-shaped area at the Southeast corner of Ross Street at First Street as granted to the city of Santa Ana by deed recorded February 19, 1971 in Book 9548, page 7 as Document No. 10760 in official Records of Orange County. 308 EXHIBIT B Abandonment No. 88-A12 Van Ness Street That certain portion of Van Ness Street as granted to the city of Santa Ana by deed recorded January 29, 1912 in Book 213, page 314, Records of Orange County, excepting therefrom the Northerly 30.00 feet; Together with a spandrel-shaped area at the Southwest corner of Van Ness Street at First Street as granted to the city of Santa Ana by deed recorded October 22, 1969 in Book 9113, page 810, in Official Records of Orange County, and by deed recorded November 17, 1969 in Book 9138, page 993 as Document No. 8978 in official Records of Orange County; Together with a spandrel-shaped area at the Southeast corner of Van Ness Street at First Street as granted to the City of Santa Ana by deed recorded October 1, 1969 in Book 9095, page 278 as Document No. 254 in Official Records of Orange County, California. Alleys Those certain alleys bounded by said First, of varying widths lying within the block Walnut and Ross Streets and Birch Street.