HomeMy WebLinkAbout87-046REL :adg-5a
1/29/87
RESOLUTION NO. 87- 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING CHARLOTTE STREET EAST OF
RIVERSIDE DRIVE
WHEREAS, this Council heretofore adopted on ~ay 4,
1987, Resolution No. 87-33, 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, Charlotte Street
east of Riverside Drive; and
WHEREAS, said Resolution gave notice that on March 16,
1987, at 7t30 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 portion; 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 the 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 as thus continued heard any and all persons interested
in or objecting to said proposed vacation of said street
portion, and received and considered all evidence submitted;
and
WHEREAS, this Council finds from all the evidence
submitted that the said street portions described in "Exhibit
A" attached hereto, is unnecessary for present or prospective
public use, based upon the following findings of fact:
RESOLUTION NO. 87-~
PAGE TWO
1. Said street is not necessary to provide access to the
abutting property owners.
2. Said portions of said streets are not necessary or
convenient for servicing the flow of traffic.
WHEREAS, pursuant to the provisions of §2381 of the
Streets and Highway Code of the State of California, the City
Council does hereby find and determine that neither said
street portion nor part thereof, is useful as a nonmotorized
transportation facility, as defined in ~156 of said Code; and
WHEREAS, pursuant to the provisions of ~8340(c) of the
said Streets and Highways Code, the City Council does hereby
find and determine that there are in-place utility facilities
that are in use in said street portion, and that easements
will hereby be reserved for said facilities.
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
Charlotte Street east of Riverside Drive, described in "Exhibit
A" attached hereto and made a part hereof by this reference,
be, and the same is, hereby vacated, reserving and excepting
from said vacation the public service easements set forth
hereinbelow.
2. Reserved and excepted from the abovesaid vacation
is easement and right at any time, or from time to time, pur-
suant to any existing franchise or renewals thereof, or
otherwise, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires, and
other convenient structures, equipment, and fixtures for the
transportation and distribution of electric energy, and for
incidental purposes, including access to protect such works
from all hazards, provided that all such lines of pipes,
conduits, cables, wires, structures, equipment and fixtures
shall be located underground and within the area designated
on Exhibit B, attached hereto and incorporated herein.
RESOLUTION NO. 87-46
PAGE THREE
3. This Resolution shall not be effective until recorded.
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 upon receipt of
written notice from the Executive Director of the Community
Development Agency that the City is prepared to proceed with
the removal of street improvements from Charlotte Street.
ADOPTED this l§t day of June , 1987
ATTEST:
//~ice C. GU~ /~'~"-7'--
~Clerk of the C'ouhc~l
Da~-lel' H. Yo~n~ /
Mayor ~ t
COUNCILMEMBERS:
Young
McGuigan
Hart
May
Acosta
Pulido
Griset
A e APPROVED AS TO FORM:
Aye
Av~
A~e ~dwa~4~ J. oper
Ay~ City A y
235
Legal Description
Abandonment No. 83-A?
Charlotte Street
from Broadway to Riverside Drive
The South 50 feet of Lot 40, and the South 50 feet of the
West ?0.62 feet of Lot 60, of Tract No. 425, as shown on that
certain map recorded in Book 16, pages 33 and 34 of Miscellaneous
Maps of Orange County, California, said South 50 feet as
described in a deed to the City of Santa Aha recorded August
18, 1924 in Book 534, page 293, Records of said Orange County.
EXHIBIT A