HomeMy WebLinkAbout98-082 - Vacating the Alley East of Minnie Street and North Pine StreetRESOLUTION NO. 98-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA VACATING THE ALLEY EAST OF MINNIE STREET AND
NORTH OF PINE STREET, A PORTION OF PINE STREET BETWEEN
SANTA FE STREET AND MINNIE STREET, A PORTION OF AN
ALLEY EAST OF MINNIE STREET AND NORTH OF CHESTNUT
AVENUE AND A PORTION OF SANTA FE STREET BETWEEN
CHESTNUT AVENUE AND WALNUT STREET.
WHEREAS, the City Council of the City of Santa Ana adopted, on October 19, 1998,
Resolution No. 98-074 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:
2.
3.
4.
The alley east of Minnie Street and north of Pine Street;
A portion of Pine Street between Santa Fe Street and Minnie Street;
A portion of an alley east of Minnie Street and north of Chestnut Avenue; and
A portion of Santa Fe Street between Chestnut Avenue and Walnut Street.
WHEREAS, said Resolution gave notice that on November 16, 1998 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, 20
Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in
or objecting to said proposed vacations of the said streets 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
vacations 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, on November 16, 1998 this Council continued the hearing to December 7,
1998; 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; and
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:
446
Said streets and alleys are not necessary to provide access to abutting property
owners; and
Said streets and alleys are not necessary or convenient for servicing the flow of
traffic.
WHEREAS, pursuant to the provisions of section 892 of the Streets and Highway Code of
the State of California, the City Council does hereby find and determine that neither said streets and
alleys nor any part thereof is useful as nonmotorized transportation facilities, as defined in section
887 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 the alley east of Minnie Street and north of
Pine Street; a portion of Pine Street between Santa Fe Street and Minnie Street; a portion of an
alley east of Minnie Street and north of Chestnut Avenue and a portion of Santa Fe Street
between Chestnut Avenue and Walnut Street, more specifically described in "Exhibit A" attached
hereto and made a part hereof by this reference, be, and the same are, hereby vacated.
2. Pursuant to §8340 of the Streets and Highways Code, the City Council reserves and
excepts from the above vacation an 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 these works from all hazards in, upon, and over the areas hereby
vacated. The City Council also reserves and excepts from the above vacation an easement for
future street or highway purposes. Moreover, if there are any in-place public utility facilities that
are in use, the City Council reserves and excepts from the above vacation an easement and right
necessary to maintain, operate, replace, remove or renew the public utility facilities.
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.
4. The abovesaid streets and alleys shall not be deemed vacated until this resolution is
recorded. Closure of the abovesaid streets and alleys to vehicular traffic, as appropriate 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.
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ADOPTED this ach day of 3anuary
,1999.
ATTEST:
Jacj~e C. Guy
Cl~rk of the Council
Mayor
COUNCILMEMBERS:
Pulido ~
Bist Aye
Christy Nay'
Franklin Aye
Lutz Aye
McGuigan Aye
Moreno Ab s t a in
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Cristine L. Shaw
Deputy City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. c~O ~',,~. to
be the original resolution adopted by the City Council of the City of Santa Ana on
Date: /- {-~ ~/~/ ~.
· Cler~f Ge Council
City of Santa Ana
3
RESOLUTION NO. 98-082 449
INDUSTRIAl
WALNUT
LEGEND:
.... PROJECT S,TE EXTENSION
~ ABAN OONED STREET AND ALLEY
~ PROJECT SITE
INDUSTRIAL
ST.
E
ST.
CHESTNUT ST.
I t~ D U S T R IA
WALNUT ST.
INDUSTRIAL
INDUSTRIAL
CUP 98-7/STREET ABANDONMENT AND ALLEY
MS. SONIA JOHNSON
I011 EAST PINE STREET
300' FEET RADIUS
P L A N N I N G A N D B ti I L D I N G A G E N C Y
EXHIBIT