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HomeMy WebLinkAbout90-027REL:mb(34) 1/17/90 37'l RESOLUTION NO. 90-~7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING WALNUT STREET FROM ROSS STREET TO 298 FEET WEST OF PARTON STREET. WHEREAS, this Council heretofore adopted on February S, , 1990, Resolution No. 90-006, 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, Walnut Street from Ross Street to 298 feet west of Patton Street. WHEREAS, said Resolution gave notice that on Harm 19 , 1990, 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 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 heard any and all persons interested in or objecting to said proposed vacation of said street, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said street is not necessary to provide access to abutting property owners. :372 RESOLUTION NO. 90-027 PAGE TWO 2. 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 nor part thereof, is useful as a nonmotorized transportations facility, as defined in § 156 of said Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that Walnut Street from Ross Street to 298 feet west of Parton Street, more specifi- cally 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 construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across said vacated street 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. 2. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange County at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the following conditions have been satisfied: (a) The Santa Aha Unified School District shall prepare and submit for approval to the Executive Oirector of the Public Works Agency a plan for the installation of appro- priate signs and barricades on the vacated portion of Walnut Street and streets leading in thereto. (b) The Santa Ana Unified School District shall install signs and barricades in accordance with the plan as approved by the Executive Director. 373 RESOLUTION NO. 90-~7 PAGE THREE e deemed The abovesaid portion of Walnut Street vacated until this resolution is recorded. ADOPTED this ]gth day of March shall not be , 1990. ATTEST: COUNCILMEMBERS: Young 6ye Acosta /ye Griset ;ye May /ye McGu igan ~ ye Norton ; ye Pu 1 ido .~ Ne APPROVED AS TO FORM: Edwarc[ ~ Cb~per City A t t ol~T~'y 375- Abandonment No. 88-AS Legal Description All that certain public street, 80 feet wide, shown as Walnut Street, of varying widths, on the following maps: Water Works Tract, Book 9, page 27, Miscellaneous Maps of Orange County; McFadden and Crane's Addition, Book 11, page 40, Miscellaneous Records of Los Angeles County; Record of Survey, Book &, page 38, Records of Orange County; and as described in a deed recorded in Book 213, page 313, Records of Orange County; bounded Westerly by a line parallel with and distant Westerly 298 feet from the West line of Patton Street, and bounded Easterly by the Northerly extension of the West line of Ross Street as it exists South of Walnut Street; together with that portion of real property enclosed within a spandrel-shaped area bounded Northerly by the South line of said Walnut Street, bounded Easterly by the West line of said Ross Street as it exists South of Walnut Street, and bounded Southwesterly by the arc of curve concave Southwesterly having a radius of 30 feet, being tangent to said Northerly and Easterly boundaries. EXHIBIT OPOSED ABANDONNI£~IT