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3/2/79
RESOLUTION NO. 79-47
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PORTION OF
AN ALLEY BETWEEN PARTON AND GARNSEY STREETS
NORTH OF CIVIC CENTER DRIVE WEST, ALLEY
ABANDONMENT NO. 46.
WHEREAS, this council heretofore adopted on February 20,
1979, Resolution No. 79-30, wherein it declared its intention
to vacate pursuant to and in accordance with the provisions
of Part 3 of Divsion 9 of the Streets and Highways Code of
the State of California, a portion of an alley between
Parton and Garnsey Streets North of Civic Center Drive West,
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
March 19, 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 alley; 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 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 heard any and all persons interested in or
objecting to said proposed vacation of said portion of said
alley, and 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 alley purposes and not necessary or convenient
for such use, based upon the following findings of fact:
The vacation as proposed would eliminate
current blight in the form of excessive right
of way.
The vacation as proposed will allow consolidation
of adjacent lots into a larger parcel which
will result in increased growth, development
and efficient land utilization thereon.
e
Access to Garnsey Street from properties to
the north of the portion of the alley proposed
to be vacated will be provided by dedication
of a new 20 foot east-west alley as illustrated
in "Exhibit B" attached heretq, thus eliminating
the necessity to maintain as an open alley
the portion of said alley proposed to be
vacated.
RESOLUTION NO.
PAGE TWO
79- 47
WHEREAS, pursuant to the provisions of S 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 nonmotorized
transportation facility, as defined in ~ 156 of said code;
and
WHEREAS, based upon the findings contained in
Initial Study No. 79-13, on file in the office of the Planning
Director of the City of Santa Ana, 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 an alley between Parton and Garnsey Streets North
of Civic Center Drive West, 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, reserving and excepting therefrom the 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, over, across and
under that prtion of said 15.00 foot alley lying Easterly of
the East line of Lots 24 and 25 of said Wakeham Tract and
lying Westerly of the West line of Lots 10 and 11 of said
Wakeham Tract.
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 19thday of
the following vote:
March , 1979, by
AYES: COUNCILMEN: Brandt, Evans, Garthe, 0rtiz, Ward,
Yamamoto
NOES: COUNCILMEN: Bricken
ABSENT:
ATTEST:
0F E-C0UNg
APPROVED AS TO FORM:
COUNCILMEN: None
M~¥OR
KEITH L. GOW, City Attorney
PROPOSED ABANDONMENT
Alley - N/Civic Center Drive, between Parton and Garnsey
Legal Description
A portion of that certain alley (15 feet wide) in the City of Santa Ana, County
of Orange, State of California, as shown on that certain map of the Wakeham Tract
recorded in Book 8, page 3 of Miscellaneous Maps, in the office of the County
Recorder of said County, bounded as follows:
Bounded Northerly by the Easterly prolongation of a line parallel and distant
Southerly 30.00 feet, measured at right angles, from the North line of Lot 25
in said Wakeham Tract; bounded Westerly by the Southerly prolongation of a
line parallel and distant 2.00 feet Easterly, measured at right angles, from
the West line of Lot 24 in said Wakeham Tract; bounded Easterly by the Southerly
prolongation of a line parallel and distant 5.00 feet Westerly, measured at
right angles, from the East line of Lot ll in said Wakeham Tract.
RESERVING and EXCEPTING therefrom the 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, over, across and under that portion of said 15.00 foot
alley lying Easterly of the East line of Lots 24 and 25 of said Wakeham Tract and
lying Westerly of the West line of Lots l0 and ll of said Wakeham Tract.
9t, 'ON
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