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12/23/80
RESOLUTION NO. 81- 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING AN EAST-WEST
ALLEY BETWEEN THIRD AND FOURTH STREETS
EXTENDING FROM ROSS TO BIRCH STREETS,
ALLEY ABANDONMENT NO. 49.
WHEREAS, this council heretofore adopted on December
8, 1980, Resolution No. 80--199, 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
Third and Fourth Streets extending from Ross to Birch Streets,
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
January 5, 1981 at 2:00 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:
The west end of the alley near Ross Street has
been closed due to undermining of the pavement and
is no longer in use.
Adjacent property owners have quit-claimed any
interest in and to the alley to the Community
Redevelopment Agency and the alley is needed for a
future redevelopment project.
The vacation as proposed will incorporate the
alley into the adjacent redevelopment project,
thereby eliminating public maintenance and liability.
RESOLUTION NO. 81~
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 alley, nor parts thereof, is useful as a nonmotorized
transportation facility, as defined in S 156 of said code;
and
WHEREAS, based upon the findings contained in
Initial Study No. 80-217, 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 alley
between Third and Fourth Streets extending from Ross to
Birch Streets, 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 record.ed forthwith in the Office of the Recorder of
Orange County.
ADOPTED this 5th day of Janua~ , 1981, by
the following vote:
AYES:
COUNCII~EN: Bricken, Luxembourger,Serrato, Ward, Yamamoto
NOES: COUNCILMEN: Markel
ABSENT: COUNCILMEN: Griset
ATTEST:
c° v
%~APPRO~-ED AS TO FORM:
Legal Description
Proposed Alley Abandonment
South of Fourth Street, East of Ross Street
A portion of that certain alley (12.00 feet wide) in the City of Santa Aha,
County of Orange, State of California, as shown on that certain map of the
Park Tract Addition to Santa Aha recorded in Book 1, page 30 of Record of
Surveys, records of said Orange County and more particularly described in
that certain deed to the City of Santa Ana recorded on December 27, 1897 in
Book 36, page 37 of Deeds of said County, bounded Easterly by the East line
of Lot 37 of the Birch Addition to Santa Ana as shown on Map recorded in
Book 3, page 145 of Miscellaneous Records of Los Angeles County, and the
Southerly prolongation thereof, and bounded Westerly by a line parallel with
and distant Easterly 15 feet, measured at right angles, from the West line
of Lot 29 of said Birch Addition and the Southerly prolongation thereof.