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11/1/82
RESOLUTION NO. 82- 165
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING A PUBLIC
SERVICE EASEMENT LOCATED IN A VACATED
ALLEY BETWEEN PARTON AND GARNSEY STREETS
NORTH OF CIVIC CENTER DRIVE
WHEREAS, this Council heretofore adopted on March
19, 1979 its Resolution No. 79-47, by which it vacated a
portion of an alley located between Parton and Garnsey
Streets north of Civic Center Drive, reserving from said
alley vacation a public service easement as specifically
described in Exhibit A, attached hereto and incorporated
herein; and
WHEREAS this Council heretofore adopted on
November 15, 1982, Resolution No. 82- , wherein it
declared its intention to vacate, pursuant to and in
accordance with the provisions of Chapter 3 of Part 3 of
Division 9 of the Streets and Highways Code of the State of
California, said public service easement; and
WHEREAS, said Resolution of Intention gave notice
that on December 6, 1982, 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 public service easement; and
WHEREAS, this Council finds that said Resolution
of Intention 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 public service easement vacation referring
to the adoption of said Resolution of Intention and stating
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 public service
easement and received and considered all evidence submitted;
and
WHEREAS, this Council finds from all the evidence
submitted that the said public service easement is
unnecessary for present or prospective public use, based
upon the following findings of fact:
RESOLUTION NO. 82- 165
PAGE TWO
a. The area of the public service easement is part of
a site conveyed or to be conveyed by the Community
Redevelopment Agency of the City of Santa Ana for
construction of an office building complex pursuant to the
redevelopment plan for the Santa Ana Redevelopment Project,
and the installation or maintenance of public utility
facilities in such area is incompatible with such
construction;
b. The public convenience and necessity require the
removal of any and all in-place public utility facilities
that are in-use in the said public service easement in order
to allow the abovesaid construction to proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That this Council does hereby order that the
public service easement located in a vacated alley between
Parton and Garnsey Streets North of Civic Center Drive, more
fully described in "Exhibit A" attached hereto and made a
part hereof by this reference, be, and the same is, hereby
vacated.
2. 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 6th day of December , 1982.
ATTEST:
Gordon Bricken
· Guy, Clerk of the Council
COUNC I LMRMBERS:
Bricken Ave
Luxembourger Aye
Acosta Aye
Serrato Aye
Griset Aye
Markel Aye
McGuigan Aye
APPPROVED AS TO FORM:
Attorney
Legal Description
Abandonment No. 82-2
Utility Easement - North of Civic Center
Garnsey to Parton
Drive,
The permanent easement and right at any time, or from time
to time, to Construct, maintain, operate, replace, remove,
renew and enlarge 'lines of pipe, conduits, cables, wires,
poles, and other convenient structures, equipment and fix-
tures for the operation of telegraphic and telephone lines
and incidental purposes, including ingress and egress, in,
upon, over, across and under that portion of 15.0 foot alley
lying Easterly of the East line of Lots 24 and 25 of the
Wakeham Tract, as shown on that certain map recorded in Book
8, page 3 of Miscellaneous Maps of Orange County, California,
and lying Westerly of the West line of Lots 10 and 11 of
W. I. Keese's Addition to Santa Ana as shown on said map of
the Wakeham Tract.