HomeMy WebLinkAbout2000-069 - Vacating a Portion of the Alley Between Poinssettia and Valencia Streets 331
RECORDED: [ ~ -t~o -o~:)
500K/PAG5 NO: ~,.Oooo ~ ~. 1,2~3~,
RESOLUTION NO. 2000-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF THE ALLEY
BETWEEN POINSE'FrlA AND VALENCIA STREETS AND
BETWEEN 20TM STREET AND THE I-5 FREEWAY
WHEREAS, the City Council of the City of Santa Ana adopted, on September 18,
2000, Resolution No. 2000-061 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 the alley between Poinsettia and
Valencia Streets and between 20TM Street and the I-5 Freeway; and
WHEREAS, said Resolution gave notice that on October 16, 2000 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 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 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 alleys and received
and considered all evidence submitted; and
WHEREAS, this Council finds from all the evidence submitted that the said alleys
are unnecessary for present or prospective public use, based upon the following findings
of fact:
Said alleys are not necessary to provide access to abutting property
owners; and
2. Said 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 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:
Resolution No. 2000-069
Page 1 of 4
332
This Council does hereby order that the alley located between Poinsettia
and Valencia Streets and between 20th Street and the I-5 Freeway, and,
more specifically described in "Exhibit A" attached hereto and made a part
hereof by this reference, be, and the same are, hereby vacated.
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.
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.
The abovesaid alleys shall not be deemed vacated until this resolution is
recorded. Closure of the abovesaid 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 16th day of October, 2000.
ATTEST:
Patricia E. Healy
Clerk of the Council
Resolution No. 2000-069
Page 2 of 4
333
COUNCILMEMBERS:
APPROVED AS TO FORM:
Pulido Aye
Lutz Aye
Bist Aye
Christy Absent
Franklin Aye
McGuigan Aye
Moreno Absent
Joseph ,~,. Fletcher, City Attorney
^ssl~a~ City~,IlOrne~
CERTIFICATE OF ORIGINALITY
I, PATRIClA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution
No. 2000-069 to be the original resolution adopted by the City Council of the City of Santa
Ana on October 16, 2000.
Cl~-~k of the Council
City of Santa Ana
Resolution No. 2000-069
Page 3 of 4
334
LEGEND
~ PORTION OF ALt. EY TO BE ABANDONED
TO PIETRO PERRELLA,
PORT[ON OF ALLEY lO BE ABANOONED
TO NAOWi ESTRINE.
NAOMi ESTRINE CURRENT OWNERSHIR.
1722 N. POINSE'I-I'IA
PIETRO PERRELLA
LM
Z
EXHIBIT 1
FWA ~'"~: ABANDONMENT 99-06
OCT. 16, 2000
Resolution No. 2000-069
Page 4 of 4