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HomeMy WebLinkAbout90-044DEED TIME:..___Z,~-.~ RESOLUTION NO. 90-044 REL:mb(34) 1/17/90 Rev. 2/1/90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EAST-WEST ALLEY NORTH OF FIRST STREET BETWEEN LYON AND MABURY STREETS. WHEREAS, this Council heretofore adopted on ~r~ 19 , 1990, Resolution No. 90-O21, 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, an east- west alley north of First Street between Lyon and Mabury Streets. WHEREAS, said Resolution gave notice that on ~ril 16, , 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 alley; 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 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 alley, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said alley described in "Exhibit A" attached hereto, is unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said alley is not necessary to provide access to abutting property owners. 2. Said alley 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 said alley nor part thereof, is useful as a nonmotorized transportations facility, as defined in ~ 156 of said Code; 081 O82 RESOLUTION NO. 90-044 PAGE TWO 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 east-west alley north of First Street between Lyon and Mabury 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, 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 telegraphic and telephone lines, and for the transportation or distribution of electric energy, and for incidental purposes, including access to protect such works from all hazards in, upon, and over said vacated alley. 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. ADOPTED this ]6th day of April , 1990. ATTEST: ~Ierk of the Counci~ / COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye May Aye McGu i ga n Aye Norton A_~y% Pulido APPROVED AS TO FORM: ~r City Attorney