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HomeMy WebLinkAbout80-194RESOLUTION NO. 80-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING THE RIGHT OF WAY SOUTH OF FIFTH STREET AND WEST OF HARBOR BOULEVARD, STREET ABANDONMENT NO. 99 WHEREAS, this council heretofore adopted on October 6, 1980, Resolution No. 80-173, 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, the right of way south of Fifth Street and west of Harbor Boulevard, said right of way 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 3, 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 Aha, California, this Council would hear any and all persons interested in .or objecting to said proposed vacation of the said right of way; 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 right of way 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 right of way, and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said right of way 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: The right of way was conveyed to the City in 1964 in anticipation of a Third Street construction between First and Fifth Streets. Plans for said Third Street construction have been abandoned, therefore, said right of way is no longer required. Through vacation of the right of way, the original adjacent property owner can incorporate the right of way into its property, thereby eliminating public maintenance and liability. - 1 - 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 right of way, 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. 8~171, 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 halve 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 right of way south of Fifth Street and west of Harbor 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. 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 3rd day of the following vote: November , 1980, by AYES: COUNCILMEN: NOES: COUNCILMEN: BRICKEN, GRISBT, MARKEL, SERRATO, WARD, YAMAMOTO NONE ABSENT: COUNCILMEN: LUXEMBOURGER ATTEST: APPROVED AS TO FORM: J¢ cow City Attorney ~0 &~uno~ 'euv e~ueS jo d~qsuMo~ '6 uo~loaS ~o ~al~enb ~$eau~nos a~l ~o ~alaenb ~seaq~nos aql jo ~teq q~oN aql jo sane ~t ~sa~ JoqJeH &o lsa~ '~aaalS 4~JU &o 4~nos ~uamuopueqv laaalS pasodoad