HomeMy WebLinkAbout79-027CM:ms
1/31/79
RESOLUTION NO. 79-27
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PORTION OF
BIRCH STREET BETWEEN FIFTH STREET AND
SANTA ANA BOULEVARD, STREET ABANDONMENT
NO. 93; AND REPEALING RESOLUTION NO. 79-13.
WHEREAS, this council heretofore adopted on December
18, 1978, Resolution No. 78-153, wherein 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 Birch Street
between Fifth 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 heard any and all persons interested in or
objecting to said proposed vacation of said portion of said
street, and 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 Orange County Transit District (OCTD)
Park-and-Ride structure is scheduled for construction
in the area of said vacation and the site plan for
said structure has been approved by the Santa Aha
Community Redevelopment Agency.
2. The elimination of right of way to be vacated
will reduce the number of local traffic inte
rsections and focus traffic flow onto major arterial
streets which will facilitate smoother traffic
circulation.
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.
RESOLUTION NO. 79-27
PAGE 2
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 neither
said street, nor parts thereof, is useful as a nonmotorlzed
transportation facility, as defined in ~ 156 of said Code;
and
WHEREAS, based upon the findings contained in
Initial Study No. 78-235, on file in the office of 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, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA:
That this Council does hereby order that the
portion of Birch Street between Fifth 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 the same is, hereby vacated.
Resolution No. 79-13 of this Council, adopted on
January 15, 1979, is repealed. 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 5th day of February , 1979, by
the following vote:
AYES: COUNCILMEN: Brandt, Bricken~ Evans, Garthe,
0rtiz, Ward, Yamam0to
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN:
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney
None
MAYOR
Legal Description
That certain portion of Birch Street, 6D feet wide, in the City of Santa Ana,
County of Orange, California, as shown on that certain map of Hickey's, Andrew's
and Crane's Addition to Santa Aha recorded in Book 5, page 352 of Miscellaneous
Records of Los Angeles, California and as shown on that certain map of the Birch
Addition to Santa Ana recorded in Book 3, page 145 of Miscellaneous Records of
Los Angeles County, California, bounded Northerly by the South line of SixtY~
Street, 60 feet wide, and bounded Southerly by the North line of Fifth Street,
60 feet wide.
EX I II A