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HomeMy WebLinkAbout93-050 - Vacating Center Street Between McFadden Avenue and Monta Vista Avenue575 RESOLUTION NO. 93- 050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING CENTER STREET BETWEEN McFADDEN AVENUE AND MONTA VISTA AVENUE WHEREAS, this Council heretofore adopted on April 5, 1993, Resolution No. 93-027, 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, Center Street between McFadden Avenue and Monta Vista Avenue; and WHEREAS, said Resolution gave notice that on May 3, 1993 at 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 22 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 portion; 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 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 subsequently continued the date of said hearing to May 17, 1993 at 6:00 P.M., or as sonn thereafter as the matter could be heard; and WHEREAS, this Council at the time and place set for hearing as thus continued heard any and all persons interested in or objecting to said proposed vacation of said street, and received and considered all evidence submitted; 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 upon the following findings of fact: 577 Said street is not necessary to provide access to abutting property owners. Said street 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 neither said street nor any part thereof is useful as a nonmotorized transportation facility, as defined in S 156 of said Code; and WHEREAS, pursuant to the provisions of § 8340(c) of the said Streets and Highways Code, the City Council does hereby find and determine that there are in-place utility facilities that are in use in said street, and that easements will hereby be reserved for said facilities; 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 Center Street between McFadden Avenue and Monta Vista Avenue, as 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 said vacation the public service easements set forth hereinbelow. 2. Reserved and excepted from the abovesaid vacation is 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, 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 such works from all hazards in, upon, and over the area of Center Street 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. 579 ATTEST ADOPTED this 17th day of ~:&y , 1993. ~lerk of the Council COUNCILMEMBERS: Young Yes Pulido Yes Lutz Yes Mills Yes Moreno Yes Norton Yes Richardson Yes 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 ~-O ~--~ to be the original resolution adopted by the City Council of the city of Santa Ana on C1 , Date Ci~ of Santa Ana 3 Abandonment No. 92-A1 Lsgal Description That certain portion of public street in the State of California, County of Orange, City of Santa Aha, shown as Center Street on a map of Santa Aha Acres recorded in Book 5, page 8 of Miscellaneous Maps of said Orange County, said portion bounded Southerly by the North line of McFadden Avenue, shown on said map as Fairview East Avenue, and bounded Northerly by the South line of Monta Vista Avenue. HL:j~e 92Al. Id 582 AVE. JEROME C£N TE~ SENIOR £ENTER8 h4ONTA VI. STP ELEI~. ~Ct-tO01