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HomeMy WebLinkAbout90-062RESOLUTION NO. 90-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING FIFTH AND SIXTH STREETS BETWEEN LACY AND GARFIELD STREETS. REL:mb(7) 11/27/89 Rev. 2/1/90 WHEREAS, this Council heretofore ado~.~ed on , 1990, Resolution No. 90-~', 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, Fifth and Sixth Streets between Lacy and Garfield Streets. WHEREAS, said Resolution gave notice that on 3~e4 , 1990, at 7:30 p.m., or as soon there- after as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Cali- fornia, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets; and WHEREAS, been published in ing of ordinances this Council finds that said Resolution has the manner prescribed by law for the publish- 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 streets, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said streets described in "Exhibit A" attached hereto, are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said streets are not necessary to provide access to abutting property owners. 2. 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 streets nor part thereof, are useful as nonmotorized transportation facilities, as defined in ~ 156 of said Code; and 172 RESOLUTION NO. 90-52 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 said streets, described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are hereby vacated. 2. 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 streets, but that the public convenience and necessity requires that all public utility facilities be re- moved from said streets in order that the areas presently occupied by said streets may be used as parts of the site of a school to be constructed by the Santa Ana Unified School Dis- trict. Therefore no public service easement is reserved from the abovesaid street vacations. 3. 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 following dedications for right-of-way purposes shall have been made to the City of Santa Ana by the Santa Ana unified School District: (1) Garfield Street between Fourth and Sixth Streets for a width of 30 feet survey centerline to the property line. (2) A 27 foot radius property spandrel at the northwest corner of Garfield and Fourth Streets. (3) A 17 foot radius property spandrel at the southwest corner of Garfield and Sixth Streets. (4) A 17 foot radius property spandrel at the southwest corner of Brown and Garfield Streets. (5) A 27 foot radius property spandrel at the northeast corner of Fourth and Lacy Streets. (6) Street widening proposed on west side of Garfield between Brown and Sixth for bus loading zone to provide an 8 foot public sidewalk. .73 RESOLUTION NO. 90-52 PAGE THREE (b) The Santa Aha Unified school District shall have completed all street improvements on the perimeter of the school site and all sewer and water line reconstructions and fire hydrant relocations required by the Public Works Agency of the City of Santa Ana. 4. Fifth and Sixth Streets between Lacy and Garfield Streets shall not be deemed vacated until this resolution is recorded. ADOPTED this 4th day of 0une , 1990. ATTEST: J~iZce C. Guy /~ Clerk of the Council// COUNCILMEMBERS: Young A. ye Acosta Ah~a i qed Griset ~ye. May Aye. McGuigan Aye. Norton Aye. Pul ido Aye Mayor APPROVED AS TO FORM: City Attorney JAMES GARFIELD' ELEMENTARY SCHOOL PROJECT 1~22/38005 (Existing) 7/22/87:~w SLOTH. ~ I . I I I I FIF TH sr~zzr ~