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Home My WebLink About2018-036 - Abandoment No. 18-01RESOLUTION NO. 2018-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY LOCATED BETWEEN MAIN STREET AND THE SANTA ANA FREEWAY (1-5) AND A PORTION OF BUSH STREET (ABANDONMENT NO. 18-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. B. The City Council of the City of Santa Ana desires to vacate its ownership interest, if any, of a portion of an alley located between Main Street and the Santa Ana Freeway (1-5) and a portion of Bush Street, as shown on Exhibit 1 attached hereto and incorporated herein by this reference ("Vacation Area"). C. On May 1, 2018, the City Council adopted Resolution No. 2018-029 wherein it declared its intention to vacate the Vacation Area, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. D. Resolution No. 2018-029 gave notice that at its regular meeting of June 5, 2018, at 5:45 p.m. or as soon as possible thereafter, the City Council would hear any and all persons interested in or objecting to the vacation described above. E. The City Council finds that Resolution No. 2018-029 was published in the manner prescribed by law. F. The City Council further finds that the notices of said proposed 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. G. The City Council, at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of the Vacation Area and received and considered all evidence submitted. Resolution No. 2018-036 Page 1 of 5 H. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective public use, based upon the following findings of fact: 1. The Vacation Area is not necessary to provide access to abutting property owners; and 2. The Vacation Area is unnecessary for present or prospective public use. Section 2. The environmental impacts of this vacation were previously analyzed in Mitigated Negative Declaration, Environmental Review No. 2017-96, approved by the City Council on March 20, 2018. The City Council finds that all environmental impacts of the vacation are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the Mitigated Negative Declaration and the Initial Study. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that this vacation may result in significant environmental impacts. The City Council finds that the Mitigated Negative Declaration contains a complete, objective, and accurate reporting of the environmental impacts associated with this vacation and reflects the independent judgment of the City Council. Therefore, no further environmental review is necessary. Section 3. The Vacation Area is hereby vacated, except for the reservation of easement described herein, upon the satisfaction of the following condition. Said Vacation shall only become effective upon the close of escrow for the purchase of property located at 2129 N. Main Street, Santa Ana, pursuant to the separate Sale Agreement and Escrow Instructions entered into by the City and Net Development Co., Inc. The City Engineer shall advise the Clerk of the Council that this condition has been satisfied and that this vacation is therefore effective. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the 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 in, upon, over, and across a street or highway proposed to be vacated 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 lines, 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 street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Said recordation shall occur after the Condition (Section 3) has been satisfied to the satisfaction of the City Engineer. Resolution No. 2018-036 Page 2 of 5 Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 7. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 5th day of June, 2018. Ipr APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ohn M. Funk Assistant City Attorney AYES: Councilmembers Benavides, Pulido, Solorio, Tlnaiero Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Martinez, Sarmiento (2) Resolution No. 2018-036 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -036 to be the original resolution adopted by the City Council of the City of Santa Ana on June 5, 2018. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-036 Page 4 of 5 I I Isir.___..._ li f i I 1� _--------.—.a.—.—.—._._.—.l._ _._._.---._._ 20TH STREET ABANOONMENT AREA&, PORTION OF ALLEY AND PORTION OF BUSH STREET (ALLEY WIDTH VARY 15'-20') EXHIBIT 1 SANTA ANA Tui PUBLIC HEARING - ABANDONMENT NO. 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