HomeMy WebLinkAbout78-035RCS:ms
3/30/78
RESOLUTION NO. 78-35
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DECLARING ITS INTENTION
TO VACATE A PORTION OF CYPRESS AVENUE SOUTH
OF ADAMS STREET, APPROVING A MAP THEREOF,
DIRECTING THE CLERK OF THE COUNCIL TO FILE
SAID MAP, DESCRIBING THE PORTION OF SAID
STREET TO BE VACATED, SETTING A PUBLIC
HEARING THEREON, AND DIRECTING NOTICE THEREOF
TO BE POSTED AND PUBLISHED.
BE IT RESOLVED by the City Council of the City of
Santa Ana:
1. 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 intention to order the vacation of and to vacate that
portion of Cypress Avenue south of Adams Street between
Adams Street and the Pacific Electric right-of-way, as more
particularly described and shown on that certain document
entitled "Street Abandonment No. 85," together with attached
maps, a copy of which is on file with the Clerk of the
Council, and more particularly described as all of Cypress
Avenue, 60.0 feet wide, southerly of the westerly prolongation
of the south right of way line of Adams Street 50 feet wide
and symmetrical about the original street centerline, Book 5,
page 43 of Miscellaneous Maps of Orange County, California.
2. That the City Council finds that the public
convenience and necessity require the reservation of easements
and rights of way for structures enumerated in Streets and
Highways Code § 8330. Therefore, the proposed vacation
proceedings are taken subject to the following reservations
and exceptions: The permanent 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 any
street or part thereof proposed to be vacated and 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 gas pipe lines, telegraphic and telephone
lines, railroad lines, and for the transportation or distribution
of electric energy, petroleum and its products, ammonia,
water, 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 street or part thereof proposed
to be vacated.
3. That the City Council of the City of Santa
Ana does hereby approve said map entitled "Street Abandonment
No. 85," together with attached maps, as the map showing
that portion of Cypress Avenue between Adams Street and the
Pacific Electric right-of-way which this Council declares
its intention to vacate.
4. 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.
5. Notice is hereby given that at the hour of 7:30 p.m.
or as so on thereafter as the matter can be heard on May 1
1978, in the Council Chambers of the City of Santa Aha,
20 Civic Center Plaza, Santa Ana, 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 the said portion of Cypress Avenue hereinabove
described may appear and be heard.
6. 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.
7. 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 line of the portion of Cypress Avenue
between Adams Street and the Pacific Electric right-of-way,
in the City of Santa Ana, County of Orange, California.
8. 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 streets and alleys, nor
parts thereof are useful as bicycle paths or routes.
ADOPTED this 3rd day of April , 1978, by
the following vote:
AYES: COUNCILMEN: Yamamoto, Garthe, Bricken~ Brandt,
Ward
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN: 0rt i z Ward
. MAYOR
APPROVED AS TO FORM:
~:~L~,~ Attorney
Legal Description
All that portion of Cypress Avenue, 60.00 feet wide, situate in the City
of Santa Aha, County of Orange, California, lying Southerly of the Westerly
prolongation of the South Right of Way line of Adams Street, 50.00 feet wide,
as shown on a map of the South Santa Aha Subdivision recorded in Book 5,
page 43 of Miscellaneous Maps, records of Orange County, California.
RESERVING and EXCEPTING therefrom a perpetual right and easement to construct,
install, maintain, repair, renew, replace, operate and use electrical and
communication system or systems, storm and sanitary sewer pipe line or lines,
and water and gas pipe line or lines, and appurtenances thereto, of any size
or materials, in, upon, under, along and across, and the right of ingress
and egress in, upon, over and/or through the hereinabove described parcel;
Together with the perpetual right and easement to discharge and conduct
electrical energy, water, gas, effluent and/or other substances or things
through said systems and lines and to use and occupy said real property for
said purposes;
Together with the perpetual right to remove any and all trees within the above
described property.
NOTE: Description is of a portion of Cypress Avenue South
of Adams Street to the Pacific Electric Right of ~ay, which
the Council declared its intention to vacate in Resolution
No. 78--35.
EXHIBIT A
3
WARNER
R~
AVE
R2
ZONING DISTRICT
ST. ABAND. No. 85