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HomeMy WebLinkAbout79-204CM:ms 10/17/79 RESOLUTION NO. 79- 204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF GARRY AVENUE WEST OF CRODDY WAY, STREET ABANDONMENT NO. 98. WHEREAS, this council heretofore adopted on October 1, 1979, Resolution No. 79-174, 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 Garry Avenue west of Croddy Way, 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 November 5, 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 portion of said 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 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 neoessary or convenient for such use, based upon the following findings of fact: 1. Garry avenue was established as a public street on July 8, 1975, through the recordation of Parcel Map 903. At that time said street had a knuckle at the north boundary line in the location shown on said map. 2. Due to a revision of the portion of Garry Avenue shown on said map pursuant to Parcel Map 1058, said knuckle in no longer required for public street purposes. 3. The vacation as proposed would not adversely affect the General Plan nor have an adverse impact on the environment. RESOLUTION NO. 79-204 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 neither said street, nor parts thereof, is useful as a nonmotorized transportation facility, as defined in § 156 of said code; and ~rHEREAS, based upon the findings contained in Initial Study No. 79-134, 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 Garry Avenue west of Croddy Way, in the City of Santa A/la, more fully described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same is, hereby 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 5th day of November , 1979, by the following vote: AYES: COUNCILMEN: Bricken, Markel, Serrato~ Ward, Yamam0to NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Griset~ Luxembourger ATTEST: APPROVED AS TO FORM: ~OW, City Attorney MAYOR RESOLUTION NO. 79-204 LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF GARRY AVEN~JE A portion of Garry Avenue in the City of Santa Ana, County of Orange, State of California as shown on a map filed in Book 70 Pages 37 and 38 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Beginning at a point on the Northerly line of Garry Avenue which is the Southwesterly corner of Parcel 12 as shown on said map filed in Book 70 pages 37 and 38 of Parcel Maps, said point and Southwest corner being on a curve concave to the Southeast and having a radius of 70.00 feet, a radial line through said point and Southwest corner bearing North 26033'59'' West; thence Easterly 42.86 feet along said curve and Northerly line through a central angle of 35004'46'', a radial line through said point bearing North 8030'47'' East; thence continuing along said Northerly line, South 81°29'13'' East, S0.00 feet to the beginning of a tangent curve concave to the North and having a radius of 42.00 feet, a radial line through said point bearing South 8030'47'' West, thence Easterly 7.15 feet along said curve and Northerly line through a central angle of 9045'32'' a radial line through said point bearing South 1°14'45'' East; thence parallel with and Northerly 30.00 feet, measured at right angles, from the centerline of said Garry Avenue as shown on said map filed in Book 70, Pages 37 and 38 of Parcel Maps, South 88°4S'15'' West, 98.20 feet to a point on the Southerly prolongation of the Westerly line of said Parcel 12; thence North 1°19'45'' West, 3.37 feet along said Southerly prolongation of said Westerly line to the point of beginnfng.