HomeMy WebLinkAbout78-049 RCS:adg
Recorded Book 12665 Page 1331 4/27/78
May 8, 1978, 12:30 P.M.
RESOLUTION NO. 78-49
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PORTION OF
AN EAST-WEST ALLEY FROM TOWNSEND TO RAITT
STREETS BETWEEN THIRD AND FOURTH STREETS
IN THE CITY OF SANTA ANA, ALLEY ABANDONMENT
NO. 42.
WHEREAS, this council heretofore adopted on, April 3,
1978, Resolution No. 78-39, where it declared its intention to
vacate pursuant to and in accordance with the provisions of
Part 3 of Division 9 of the Streets and Highways Code of the
State of California, a portion of an east-west alley running
from Townsend to Raitt Streets between Third and Fourth Streets,
said portion of said alley being specifically described in said
Resolution and reference being made in said Resolution to a
certain map on file in the office of the Clerk of the Council
for full particulars as to such proposed vacation; and
WHEREAS, said Resolution gave notice that on May 1,
1978, at 7:30 p.m. or as soon thereafter as the matter could
be heard, in the Council Chambers of the City of Santa Ana,
20 Civic Center Plaza, Santa Ana, California, this Council
would hear any and all persons interested in or objecting to
said proposed vacation of the said portion of said alley; and
WHEREAS, this Council finds that said Resolution has
been published in the manner prescribed by law for the pub-
lishing of ordinances of the City; and
WHEREAS, this Council further finds that notices of
said proposed alley vacation stating the purposes of said
Resolution and time and place set for hearing were
posted as directed by the Council and required by law; and
WHEREAS, this Council at the time and place set for
hearing has heard any and all persons interested in or object-
ing to said proposed vacation of said portion of said alley
and has received and considered all evidence submitted; and
WHEREAS, this Council finds from all the evidence
submitted that the said portion of the said alley described
in the abovementioned Resolution, and described more fully
in "Exhibit A" attached hereto, is unnecessary for present
or prospective street and alley purposes and not necessary
or convenient for such use, based upon the following findings
of fact:
1. The alley is presently unimproved and does
not provide primary access to any private or
public property.
2. Through vacation of the alley, the adjacant
property owners can incorporate the alley into
their property, thereby eliminating public
maintenance and liability.
3. Ail utility companies, except for Pacific
Telephone, have indicated no need for utility
easements in the alley.
RESOLUTION NO. 78-49
PAGE TWO
WHEREAS, pursuant to the provisions of § 2381 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; and
WHEREAS, based upon the findings contained in
Initial Study No. 78-29, on file with the Planning Director
of the City of Santa Aha, the City Council hereby approves
the finding of the Negative Declaration issued thereon that
the said proposed vacation will not have a significant effect
on the environment.
NOW, THEREFORE, the City Council of the City of
Santa Ana does hereby order that the portion of the east-west
alley running from Townsend to Raitt Streets between Third
and Fourth Streets, in the City of Santa Aha, more fully
described fn "Exhibit A" attached hereto and made a part hereof
by this reference, be and is hereby vacated; 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, 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 other-
wise protect the same from all hazards in, upon and over the
alley or part thereof proposed to be vacated.
The Clerk of the Council is hereby directed to
cause a certified copy hereof, attested by her under seal,
to be recorded forthwith in the Office of the Recorder of
Orange County.
by the
ADOPTED this 1st day of
following vote:
May , 1978,
AYES: COUNCILMEN: 0rtiz~ Brandt, Bricken, Garthe, Ward
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Yamamoto~ ~van$
ATTEST:
FLOUNCE I. MALONE
O RK OF
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
Legal Description
Parcel 1:
That certatn portion of Block 3 tn the Artesta Street Tract tn the Ctty
of Santa Aha, County of Orange, State of Calt¢ornta, as per map recorded
tn Book 4. page 30. of Miscellaneous Maps tn the of¢tce of the County
Recorder of satd County, described es follows:
A strtp of land 10 feet tn wtdth'as shown on satd map, bounded Southerly
by the North 1tries of Lots 1, 3, S, 7, g. 11, 13, 15 and 17 tn satd Block 3;
bounded Easterly by the Nest 11ne of Artesta Street (presently Raltt Street),
60 feet wtde; bounded Westerly by the Northerly prolongation of the West
11ne of satd Lot 17.
Parcel 2:
That certatn portton of the Parker Tract tn the City of Santa Aha. County
of Orange, State of Caltfornla. as per map recorded In Book 4. page 4g of
Miscellaneous Maps tn the office of the County Recorder of satd County.
described as follows:
A strtp of land 10 feet tn wtdth as shown on satd map, bounded Southerly
by the North 11ne of Lots 1, 3, $, 7, g and 11; bounded Easterly by the
#est 11ne of Oatsy Street, SO feet wtde; bounded ~esterly by the East
11ne of Townsend Street, 20.46 feet wtde.
RESERVZNG and EXCEPTZNG therefrom an easement to construct, place, operate.
tnspect, maintain, repatr, replace and remove such aertal and underground
telephone, telegraph and coeeuntcatton structures as the company may from
ttme to ttme requtre, consisting of poles, anchors, wtres, cables, condutts
manholes, markers and necessary ftxtures and appurtenances thereto.
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ALLEY ABAND. 42