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HomeMy WebLinkAbout81-009CM:ms 12/23/80 RESOLUTION NO. 81-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING BIRCH STREET BETWEEN FOURTH AND FIFTH STREETS, STREET ABANDONMENT NO. 102. WHEREAS, this council heretofore adopted on December 8, 1980, Resolution No. 80-200, 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, Birch Street between Fourth and Fifth Streets, 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 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 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 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 street and received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the 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 necessary or convenient for such use, based upon the following findings of fact: The Santa Aha Community Redevelopment Agnecy has acquired all the properties abutting the portion of Birch Street between Fourth and Fifth Streets. e The right of way to be vacated will be incorporated into the Agency owner participation project entitled "Ross and Fifth Development." The vacation as proposed will incorporate the street into the adjacent redevelopment project, thereby eliminating public maintenance and liability. RESOLUTION NO. 81-9 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. 80-219, 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 Birch Street between Fourth and Fifth 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 recorded forthwith in the Office of the Recorder of Orange County. ADOPTED this 5th day of Janua~ , 1981, by the following vote: AYES: NOES: COUNCILMEN:Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto COUNCILM~N .- Markel ABSENT: COUNCILMEN:N0ne ATTEST: EDWARD J. -C~OPE~J Legal Description Abandonment of Birch Street, 4th to 5th All that certain real property situate in the City of Santa Ana, County of Orange, State of California, more particularly described as follows: Birch Street, 60 feet wide as shown on that certain map of the Birch Addition to Santa Ana, recorded in Book 3, page 145, Miscellaneous Records of Los An- geles County, California, bounded Southerly by the North line of Fourth Street, 80 feet wide, and bounded Northerly by the South line of Fifth Street, 60 feet wide.