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Home My WebLink About2018-037 - Abandoment No. 18-02RESOLUTION NO. 2018-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF BAKER STREET, BERKELEY STREET, AND OCCIDENTAL STREET (ABANDONMENT NO. 18-02) 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 portions of Baker Street, Berkeley Street, and Occidental 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. 2018-028 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. 2018-028 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. 2018-028 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. 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: Resolution No. 2018-037 Page 1 of 4 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. On March 15, 2016, the City of Santa Ana certified Final Environmental Impact Report No. 2013-01 for the Mater Dei High School Parking Structure and School Expansion Project ("EIR"). The EIR fully analyzed all impacts associated with the Mater Dei project, including the vacation of the Vacation Area. In connection with certification of the EIR, the City also approved a Mitigation Monitoring Program and a Statement of Overriding Considerations. This vacation will not result in any "new information of substantial importance" as that term is used in CEQA Guidelines section 15162(a)(3). Therefore, the previously certified Final EIR adequately addresses the impacts of this vacation without modification, and 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 dedication and recordation of an alley easement to the City of Santa Ana connecting Berkeley Street and Occidental for public access, trash and emergency service. Said alley easement shall be in a form acceptable to the City Engineer. 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. 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. Resolution No. 2018-037 Page 2 of 4 ADOPTED this 5th day of June, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: , hn M. Funk Assistant City Attorney AYES: Councilmembers Benavides, Pulido, Solorio, Tinaiero Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Martinez, Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -037 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. 2018-037 Page 3 of 4 { I Rs I MATER DEI BERKELEY S7RE T HIGHIA i Vol �3Ia I� Icy Ise 14 I�p I� Ik a, { SCHOOL ad nn' ail I�� I�; Ise I�; ISE Ik° Iii 70. I4k APPROX. R01 OCCIDENTAL STREETI._._._._.� I I i Rd Sol A pig IF 1� I In In Ivy Ise IaE I IP n 1 xAll.9115 IN I � W Is " Ise 19 ` Igo IGf iP g� I g�r'gl .�"g�—I L_ l.�_._._._....1....._._.._.ce._.._-.-._._....._...._._._....._.J SAINT ANDREW PLACE ®ABANDONMENT AREAS, PORTION OF BAKER STREET. BERKELEY STREET AND OCCIDENTAL STREET r—'""1 SFR PROPERTIES L— .1 ACOWRED BY MATER DEI EXHIBIT BANTA ANA Title, PUBLIC HEARING - ABANDONMENT NO. 18-02-, PWA TO VACATE PORTIONS OF BAKER, BERKELEY, mRm� I AND OCCIDENTAL STREETS Resolution No. 2018-037 Page 4 of 4