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Home My WebLink About98-086 - Vacating Second Street Between Main and Spurgeon Streets463 RESOLUTIONNO. 98- 08g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING SECOND STREET BETWEEN MAIN AND SPURGEON STREETS WITH THE EXCEPTION OF THE AREA AT THE INTERSECTION OF SECOND AND BUSH, AND THE SOUTHERLY 100 FEET OF THE ALLEY CONNECTING SECOND AND THIRD STREETS LYING BETWEEN MAIN AND BUSH STREETS. WHEREAS, the City Council of the City of Santa Ana adopted, on October 5, 1998, Resolution No. 98- 073 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, Second Street between Main and Spurgeon Streets with the exception of the area at the intersection of Second and Bush, and the southerly 100 feet of the alley connecting Second and Third streets lying between Main and Bush streets. 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, on November 16, 1998 this Council continued the hearing to December 7, 1998; 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, 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 464 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: 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 Second Street between Main and Spurgeon Streets with the exception of the area at the intersection of Second and Bush, and the southerly 100 feet of the alley connecting Second and Third streets lying between Main and Bush streets, 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 drams 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. 467 I R AA 98-15 ,~ CITY OF SANTA ANA ~ PLANNING AND BUILDING AGENCY EXHIBIT A 468 TWENTIE~I ST. ST. BGHTEEN'IH ST. SEVENTEENTH ST. r · r · AA 98-15 CITY OF SANTA ANA ~ SUBJECT PROPERTIES CURRENTZONING: R3 (Multi Family Residential) PROPOSED ZONING: P (Profesional) 300' FEET RADIUS P L A N R I N G A N D B U I L D I N G A G E N C Y EXHIBIT A 469 Resolution No. 98-086 Legal description of property will be attached when document recorded by the Public Works Agency - as soon as project is completed. 465 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. ADOPTED this 14th day of Dec~mhow ,1998. ATTEST: _.f~.e C. Guy Clerk of the Council Mayor COUNCILMEMBERS: APPROVED AS TO FORM: Pulido ah.~on e Bist Aye Christy ~y~ Franklin Aye Lutz ~y~ McGuigan Aye Moreno N~- v~ting Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney 3 466 CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached ResolutionNo. 98- d>~'F~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~lerk of the Cofi'hcil/,~ · City of Santa Ana 4