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7/29/80
RESOLUTION NO. 80- 130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING AN EAST-WEST ALLEY BETWEEN
EDINGER AVENUE AND STANFORD STREET WEST OF PACIFIC
AVENUE, ALLEY ABANDONMENT NO. 50
WHEREAS, this council heretofore adopted on July
21, 1980, Resolution No. 80-124, 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, an east-west alley between
Edinger Avenue and Stanford Street west of Pacific Avenue,
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
August 4, 1980, 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 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 alley and received
and considered all evidence submitted; and
WHEREAS, this Council finds from all the evidence
submitted that 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 has never been extended beyond its
original length of 145.78 feet and serves only as
access to two parcels.
2. McDonalds Corporation owns both parcels
adjacent to the alley and plans to expand the
existing restaurant facilities.
3. Through vacation of the alley, the adjacent
property owner can incorporate the alley into its
property, thereby eliminating public maintenance
and liability.
RESOLUTION NO. 80- 150
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
WHEREAS, based upon the findings contained in
Initial Study No. 80-114, 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
alley, 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.
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 4th day of August
the following vote:
, 1980, by
AYES: COUNCILMEN:
NOES: COUNCILMEN:
BRICKEN, GRISET, LUXEMBOURG~R, MARKEL,
SERRATO, WARD, YAMAMOTO
NONE
ABSENT: COUNCILMEN: NONE
ATTEST:
ACTING CLE~HE COUNCIL
APPROVED AS TO FORM:
City Attorney
Legal Description
Alley Abandonment No. 50
All that certain real property situate in the City of Santa Ana, County
of Orange, State of California, more particularly described as follows:
The South ZO.O0 feet of the East 143.78 feet of Lot 1 of Tract No. 4442,
as shown on that certain map recorded in Book 165, pages 37 and 38, records
of said County.
EXHIBIT A