HomeMy WebLinkAbout79-012RESOLUTION NO. 79-12
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1/10/79
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PORTION OF
VAN NESS AVENUE BETWEEN THIRD STREET AND
SANTA ANA BOULEVARD, STREET ABANDONMENT
NO. 92.
WHEREAS, this council heretofore adopted on December
18, 1978, Resolution No. 78-154, 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 Van Ness Avenue
Between Third Street and Santa Ana Boulevard, said portion
of said street 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
January 15, 1979, 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 street; and
WHEREAS, this Council finds that said Resolution
has been published in the manner prescribed by law for the
publishing of ordinances of the City; and
WHEREAS, this Council further finds that notices
of said proposed street 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
objecting to said proposed vacation of said portion of said
street 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 street 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 Santa Ana Community Redevelopment Agency
has entered into an owner-participation agreement
with Heritage Development Company which proposes
to construct a commercial office complex in the
area of said vacation.
2. The elimination of right of way to be vacated
will reduce the number of local traffic intersections
and focus traffic flow onto major arterial streets
which will facilitate smoother traffic circulation.
RESOLUTION NO. 79~2
January 10, 1979
Page 'Two
3. The vacation as proposed would eliminate
current blight in the form of excessive right of
way resulting in frequent traffic intersections
and would decrease the number of small inefficient
blocks.
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 street, nor parts thereof, is useful as a bicycle path
or route; and
WHEREAS, based upon the findings contained in
Initial Study No. 78-234, on file with the Planning Director
of the City of Santa Ana, the City Council hereby approves
the finding of the Negative Declaration issued threon 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 Van Ness
Avenue between Third Street and Santa Ana Boulevard, in the
City of Santa Ana, more fully described in "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 otherwise
protect the same from all hazards in, upon and over the
street 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.
ADOPTED this 15th day of January , 1979, by
the following vote:
AYES: COUNCILMEN: Brandt, Evans, Garthe, Ortiz,
Ward, Yamamoto
NOES: COUNCILMEN: None
ABSENT:
ABSTAINED:
ATTEST:
COUNCILMEN:
COUNCILMEN:
APPROVED AS TO FORM:
I~EITH L. GOW, City Attorney
BN°r~n ~
~AYOR
Proposed Abandonment of a Portion of Van Ness
Avenue between Third Street and Santa Aha Boulevard
Legal Description
That certain portion of Van Ness Avenue (formerly Lowe Street), 60 feet in
width, in the City of Santa Ana, County of Orange, California, as shown on
that certain map of the Jacob Ross Tract recorded in Book 5, page 582 of
Miscellaneous Records of Los Angeles County, California, bounded Northerly
by the Easterly prolongation of the North line o~ Block "2" of said Jacob
Ross Tract and bounded Southerly by the North line of Third Street, 60 feet
wide, as shown on said map.