HomeMy WebLinkAbout89-072REL:mb(34)
6/12/89
385
RESOLUTION NO. 89-~2
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA VACATING
SPURGEON STREET BETWEEN THIRD AND
FOURTH STREETS AND AN EAST-WEST
ALLEY SOUTH OF FOURTH STREET BE-
TWEEN BUSH AND FRENCH STREETS.
WHEREAS, this Council heretofore adopted on
June 19, 1989, Resolution No. 89- 5], 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, Spurgeon
Street between Third and Fourth Streets and an east-west alley
south of Fourth Street between Bush and French Streets.
WHEREAS, said Resolution gave notice that on July
17, 1989, at 7:00 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 object-
ing 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 publish-
ing of ordinances of the City; and
WHEREAS, this Council further finds that notices of
said proposed street and alley 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 heard any and all persons interested in or objecting
to said proposed vacation of said street and alley, and
received and considered all evidence submitted;
'386
RESOLUTION NO. 89- 072
PAGE TWO
WHEREAS, this Council finds from all the evidence
submitted that the said street and alley described in "Exhibit
A" attached hereto, is unnecessary for present or prospective
public use, based upon the following findings of fact:
1. Said street and alley are not necessary to
provide access to abutting property owners.
2. Said street and alley 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 or alley nor part thereof, is useful as a nonmotorized
transportation facility, as defined in ~ 156 of said Code; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
That this Council does hereby order that Spurgeon
Street between Third and Fourth Streets and an east-west alley
south of Fourth Street between Bush and French Streets 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 the vacation the easement and right at any time,
or from time to time, to consruct, maintain, operate, replace,
remove, and renew sanitary sewers and storm drains and appurte-
nant structures in, upon, over, and across said vacated street
and alley 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 said vacated street and alley.
2. The Clerk of the Council is hereby directed to
cause a certified copy hereof, attested by her under seal, to
,387
RESOLUTION NO. 89-072
PAGE THREE
be recorded in the office of
ADOPTED this
ATTEST:
~ice C. Guy /.
~Clerk of the Council
COUNCILMEMBERS:
Young ~¥e
Acosta A,¥e
Griset A,ye
May A.¥e
McGuigan A.ye
Norton Aye
Pulido Aye
the
day of
D~rrf~el~H: Yo~ /
Mayor
Recorder of Orange County.
1989.
APPROVED AS TO FORM:
City Attorney
m
389"
LEGAL DESCRIPTION
ABANDONMENT NO. 88-A10
That certain real property in the City of Santa Aha, County of Orange,
State of California~ being a strip of land 60.0 feet wide, now called
Spurgeon Street, 1yinS East of, and adJoininS the East line of, Block 9
of The To~n of Santa Aha, as shovra on that certain map recorded in
Book 2, page 51 of Hiscellaneous Records of Los Angeles County,
California, said strip of land bounded Northerly and Southerly by the
Easterly prolongation of the South line of Fourth Street and the North
line of Third Street, respectively, as said Streets are shown on 8aid map;
Together with that certain 10.0 feet wide strip of land in said Block 9
dedicated to the City of Santa Ann for alley purposes by deed recorded
Hay 29~ 1899 in Book 44~ page 53, Records of Orange County, California;
Together with that certain variable width strip of land in Block 3 of
Blee's Addition to Santa Ann as shovm on that certain map recorded in
Book 4, page 545 of Hiscellaneous Records of said Los Angeles County,
said variable width strip of land dedicated to the City of Santa Ann for
alley purposes by deeds recorded December 20, 1897 in Book 31, page 104
and in Book 37, pages 102, 103 and 104; January 26, 1976 in Book 11629,
page 1930~ August 25, 1977 in Book 12352, page 1250 and in Book 12352,
page 1253; October 12s 1977 in Book 12411s page 1519 and in Book 12411,
page 1522; and September 22, 1986 as Document No. 86-435699.
390
FO Ut~ Ttt
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/ ?ROPO,~£~
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EXHIBIT A