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HomeMy WebLinkAbout77-011CTD:ar 1/11/77 RESOLUTION NO. 77-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP DECLARING ITS INTENTION TO VACATE A PORTION OF AN ALLEY BETWEEN FIRST AND SECOND STREETS BOUNDED BY LOTS 5, 6, 13 AND 14, OF THE JENNINGS AND FOSTER ADDITION TO SANTA ANA IN THE CITY OF SANTA ANA, CALIFORNIA, SUBJECT TO THE RESERVATION AND EXCEPTION OF A CERTAIN EASEMENT AND RIGHT~OF-WAY; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DES- CRIBING THE PORTION OF SAID ALLEY TO BE VACATED AND THE EASEMENT AND RIGHT-OF-WAY TO BE RESERVED AND ACCEPTED; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED. BE IT RESOLVED by the City Council of the City of Santa SECTION 1: The City Council of the City of Santa Ana does hereby approve that certain map entitled "Alley Abandonment No. 40" as the map showing that portion of the alley between First and Second Streets bounded by lot 5, 6, 13 and 14, of the Jennings and Foster Addition to Santa Ana as shown on a map filed in Book 12, Page 75, Records of Los Angeles County, in the City of Santa Ana, California, which this Council hereinafter declares its intention to vacate. SECTION 2: The Clerk of the Council is hereby directed to file said map in her office where the same may be examined by any and all persons desiring to do so. SECTION 3: Pursuant to and in accordance with the provisions of Part 3, Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its in- tention to order the vacation of, and to vacate, a portion of said alley between First and Second Streets bounded by lots 5, 6, 13 and 14 of the Jennings and Foster Addition to Santa Ana in the City of Santa Ana, State of California, delineated on said map, to which reference is hereby made for full and further particulars, subject to the exception and reservation of a certain easement and right-of-way described in "Exhibit B" attached hereto and made a part hereof by this reference, and which portion of said alley is described in "Exhibit A" attached hereto and made a part hereof by this reference. SECTION 4: Notice is hereby given at the hour of 7:30 P.M., or as soon thereafter as the matter can be heard, on the 22nd day of February , 1977, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, RESOLUTION NO. 77-11 PAGE TWO California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation of said portion of the alley between First and Second Street bounded by lot 5, 6, 13 and 14, of the Jennings and Foster Addition to Santa Ana, filed in Book 12, Page 75, Records of Los Angeles County, in the City of Santa Ana, hereinabove described, may appear and be heard. SECTION 5: The Clerk of the Council is hereby directed to cause this Resolution to be published at least once in "The Register", a newspaper of general circulation in the City, within fifteen (15) days after the date of adoption of this Resolution and at least ten (10) days before the date set for said hearing. SECTION 6: The Director of Public Works is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the time and place of hearing hereinabove set forth, along the lines of the portion of the alley between First and Second Streets bounded by lots 5, 6, 13 and 14, in the Jennings and Foster Addition to Santa Ana as shown on a map filed in Book 12, Page 75, Records of Los Angeles County, in the City of Santa Ana, County of Orange, State of California, which is proposed to be vacated, at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than three hundred feet (300') apart, but at least three (3) shall be posted. SECTION 7: Pursuant to the provisions of Section 2381 of Chapter 8 of Division 3 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that none of said alley, nor parts thereof, are useful as bicycle paths or routes. ADOPTED this 17th day of January , 1977, by the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEN: COUNCILMEN: COUNCILMEN: Evans, Ward, Brlcken, Ortiz, Yamamoto, Garthe, Brandt None None ~ MAYOR APPROVED AS TO FORMu KEITH L. GOW, City Attorney LEGAL DESCRZPT~ON That real property loCated in the City of Santa Ana, County of Orange, State of Callfornta, described as follows: An alley as shown on a map of the Jenntngs and Fosters Addition to Santa Ana filed in Book 12,.page 75, ~ecords of Los Angeles County, said alley being bounded by Lots 5, 6, 13 and 14 of said Addition, said alley also being bounded by a line parallel to and distant Southerly 30 feet, measured at right angles, from the Northerly line of said Lots 5 and 6, said alley also being bounded by a line parallel to and distant Northerly 05 feet, measured at right angles,'from the Southerly 1the o~ said Lots 13 and 14. EXHIBIT A CTD:ar 1/12/77 EASEMENT AND RIGHT-OF-WAY Excepting and reserving to the City of Santa Ana, its successors and assigns, a permanent easement and right at any time, or from time to time, pursuant to any existing franchises 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 telegraphic and telephone lines, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the alley or part thereof proposed to be vacated. EXHIBIT B