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HomeMy WebLinkAbout93-016 - Vacating a Portion of Auto Mall Drive East of Ritchey Street099 RESOLUTION NO. 93-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AUTO MALL DRIVE EAST OF RITCHEY STREET. WHEREAS, this Council heretofore adopted on January 19, 1993, Resolution No. 93-003, 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 Auto Mall Drive east of Ritchey Street. WHEREAS, said Resolution gave notice that on February 16, 1993 at 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers of the city of Santa Ana, 22 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 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: Said portion of said street is not necessary to provide access to abutting property owners. 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 RESOLUTION 93-016 PAGE 2 portion nor part thereof, is useful as a nonmotorized transportation facility, as defined in S 156 of said Code; and 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 Auto Mall Drive east of Ritchey 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 public 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 line, 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 Auto Mall Drive hereby vacated. 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 Community Redevelopment Agency provides the Clerk of the Council with written notification that the following conditions have been satisfied: ae The Santa Ana Auto Mall Dealers Association shall have executed and delivered to the City a duly executed offer of dedication for street purposes of the land described in Exhibit A in accordance with section 7050 of the Government Code of the State of California. The Santa Ana Auto Mall Dealers Association shall have entered into an agreement with the City of Santa Ana for the maintenance of a gate to be constructed in the land described in Exhibit A. 4. The abovesaid street portion shall not be deemed vacated until this resolution is recorded. RESOLUTIOn[ 93-'016 10 3 5. The City Manager is authorized and directed to consent to the offer of dedication specified in paragraph a of section 3 of this Resolution on behalf of the City of Santa Ana and to cause its recordation in the Official Records of Orange County, California, following the recordation of this Resolution in said records. The City Manager is further authorized to execute the agreement for the maintenance of the gate specified in said paragraph a of section 3 of this Resolution on behalf of the City of Santa Ana. ADOPTED this 16th day of February , 1993. ATTEST: Mayor C~l~eofC ' thGeUYcou~ncil~ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, attached Resolution ~-- O/~ adopted by the City Council of the Clerk of the Council, do hereby certify the to be the original resolution City of Santa Ana on -~lerk of the Council/, Date City of Santa Ana EXHIBIT TO RES. 93-016 [r,J HIBI A 105 Abandonment No. 91-Al Legal Description That portion of public street show-nas Auto Mall Drive on that certain Parcel Map No. 84-884, recorded in Book 210, page 45 of Parcel Maps of Orange County, California, said portion being a strip 3.00 feet wide whose Westerly sideline lies 69.10 feet East of, and parallel with, the centerline of Ritchey Street as shown on said map. The sidelines of said strip are to terminate in the South and North lines of said Auto Mall Drive. Ht:jwe ab9181 EXHIBIT TO RES. 93-016 AREt~ TO BE ABANDON£D'