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HomeMy WebLinkAbout99-029 - Vacating Portions of Edinger Ave, Frontage Rd, Bristol St, Baker St, Pomona St & Stanford StDEED EO..-- TIME: '->-, ', ~\ RESOLUTION NO. 1999~029 117 ,-30-FI ~C0~ . (~ , 900K/PAGE NO: ~qq(~@Z %~,30 ~ED NO.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF EDINGER AVENUE FRONTAGE ROAD, BRISTOL STREET., BAKER STREET, POMONA STREET AND STANFORD STREET. WHEREAS, the City Council of the City of Santa Ana adopted, on May 3, 1999, Resolution No. 1999-019 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, a portion of Edinger Avenue Frontage Road near Baker Street, Baker Street between Edinger Avenue and Berkeley Street, Pomona Street near Baker Street, Stanford Street near Baker Street and a I0' strip on the east side of Bristol Street between St. Andrew Place and Edinger Avenue; and WHEREAS, said Resolution gave notice that on June 7, 1999, 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 vacation of the said streets; 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 notice of said proposed street 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 vacations of said street and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said streets are unnecessary for present or prospective public use, based upon the following findings of fact: Said streets are not necessary to provide access to abutting property owners; and Said streets 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 the streets 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: A portion of Edinger Avenue Frontage Road near Baker Street; Baker Street between Edinger Avenue an.d Berkeley Street; Pomona Street near Baker Street; Stanford Street near Baker Street; and A 10' strip on the east side of Bristol Street between St. Andrew Place and Edinger Avenue more specifically described in Exhibit 1, 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 shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid streets 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. 119 ADOPTED this 7th day of June .,1999. ATTEST: of the Council Mayor COUNCILMEMBERS: APPROVED AS TO FORM: Pulido Aye Lutz Aye Bist Aye Christy Aye. Franklin Absent McGuigan Aye Moreno Aye Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY · I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No~;f?-o~,/to be the original resolution adopted by the City Council of the City of Santa An~ on 6/'~/? ~ . Date: f~/~/~ ~ ~.,..~_~/~'("'. ~ /"" // ~of Santa Ana / EDINGER AVE. EDINGER AVE. STANFORD ST. POktONA ST. ST. ANDREW PL. -MATER DEl HIGH SCHOOL PHASE [ = PARKING LOT LOCATION BERKLEY ST OCCIDENTAL ST. [~PROPOSEO ABANDONMENT AREA