HomeMy WebLinkAbout87-070RECORDED:
BOOK/PAGE
DEED NO.
TIME: 3
RESOLUTION NO. 87-70
--349
REL :mb-27
6/16/87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA VACATING
A PORTION OF FIFTH STREET EAST OF
WRIGHT STREET.
WHEREAS, this Council heretofore adopted on July 6,
1987, Resolution No. 87-63 , 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, a portion of Fifth Street
east of Wright Street specifically described hereinbelow; and
WHEREAS, said Resolution gave notice that on August
3, 1987, 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 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 Jaid 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;
WHEREAS, this Council finds from all the evidence
submitted that the said street portion described in "Exhibit A"
attached hereto, is unnecessary for present or prospective
public use, based upon the following findings of fact:
1. Said portion of said street is not necessary
to provide access to abutting property owners.
2. Said portion of said street is 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
RESOLUTION NO. 87-70
PAGE TWO
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 a
portion of Fifth Street east of Wright Street, 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 Du~lic service easements
set forth hereinbelow.
2. Reserved and excepted from the abovesaid vacation
is the easement and right at any time, or from time to time,
to construct, maintain, operate, replace, remove, and renew
sanitary sewers and storm drains and appurtenant structures,
and, pursuant to any existing franchise or renewals thereof,
or otherwise, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires,
poles, and other convenient structures, equipment, and fixtures
for the operation of gas pipelines, telegraphic and telephone
lines, railroad lines, and for the transportation or distribution
of electric energy, petroleum and its products, ammonia, and
water, and for incidental purposes, including access to protect
such works from all hazards in, upon, and over the area of the
Fifth Street hereby vacated.
3. The Clerk of the Council is hereby directed
to cause a certified copy hereof, attesfed by her under seal,
to be recorded forthwith in the office of the Recorder of
Orange County.
ADOPTED this 3rd
ATTEST:
Janice C. Guy
Clerk of the Council
COUN CI LMEMBE RS:
Young Aye
McGuigan Aye
Acosta Aye
Griset Aye
Hart
May
Pulido
day o~.-~ Au.qust , 1987.
Daniel H. Young-- t
Mayor
APPROVED AS TO FORM:
r
351
LFIIIL DESCRIPTION
That portion oX Fi£th Street, as shown on a map oX Tract No.
2719 recorded in Book 115, pages 32 and 33 of Hiacellaneous
Haps oX Orange County, California, bounded Easterly by the
East l~ne oX said Tract No. 2719; bounded Northerly by the
South tine o£ Lot 15 of said Tract No. 2719; bounded
Westerly by the Southerly prolongation oX the West line of
said Lot 15; and bounded Southerly by the North line oX that
portion of Fifth Street abandoned by Resolution No. 83-49 of
the Santa Aha City Council, a certified copy of which
resolution was recorded April 26, 1983, tn Official Records
of said Orange County.
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