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HomeMy WebLinkAbout2002-097 - Vacating a Portion of Walnut Street from Minnie Street to the Santa Fe Railroad 11/8/02 LS RESOLUTION NO. 2002-097 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF ~D: SANTA ANA VACATING A PORTION OF WALNUT STREET ~[~3 FROM MINNIE STREET TO THE SANTA FE RAILROAD rlgE: (ABANDONMENT NO. 02-05) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: The City Council of the City of Santa Ana adopted, on October 7, 2002, Resolution No. 2002-075 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, that portion of Walnut Street located between Minnie Street and the Santa Fe Railroad, as shown on the map labeled Exhibit 1 attached hereto and made a part hereof by this reference. Said property contains a city-owned easement and measures 60 feet in width by approximately 290 feet in length. Said Resolution gave notice that at its meeting of November 18, 2002, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation of said street. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. 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. Eo 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 portion of the street and received and considered all evidence submitted. This Council finds from all the evidence submitted that said portion of the street is unnecessary for present or prospective public use, based upon the following findings of fact: a. Said portion of said street is only necessary to provide access to a Resolution No. 2002-097 Page 1 of 4 single abutting property owner who has reimbursed the City for - improvements thereon; and Said portion of said street is not necessary or convenient for servicing the flow of traffic. 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 street nor any part thereof is useful as nonmotorized transportation facilities, as defined in section 887 of said Code; 2. This Council does hereby order that that portion of Walnut Street located between Minnie Street and the Santa Fe Railroad, as shown on the map labeled Exhibit 1 attached hereto and made a part hereof by this reference, be, and the same is, hereby vacated. 3. Pursuant to section 8340 of the California 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 electdc 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 area of Walnut Street 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. 4. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 02-307 will be filed for this report. 5. 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. 6. Said portion of the street shall not be deemed vacated until this resolution is recorded. ADOPTED this 18~h day of November , 2002. Resolution No. 2002-097 Page 2 of 4 MiguelA. Pulido ~, \ Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ,'~2~ g-~ Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, McGuigan, (5) None (0) None (0) Solorio, Pulido/2) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2002-097 to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2002. Date: Resolution No. 2002-097 Page 3 of 4 FIRST ST. PROPOSED WALNUT ST. CHESTNUT AVE. A.LL ROOFINC \ \ ~ E. Walnut Ave. ~ \ 290' N.T.$. -STREET TO SE VACATED ""'"" ^,~DO.,.,,=,.'T o2-o~ ~4~'"~1 WALNUT STREET FROM MINNIE STREET TO SANTA FE RA LROAD ~ --)~ City Council Ager~de Date Oct~ 7, 2002 Resolution No. 2002-097 Page 4 of 4