HomeMy WebLinkAbout93-050 - Vacating Center Street Between McFadden Avenue and Monta Vista Avenue575
RESOLUTION NO. 93- 050
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA VACATING CENTER STREET
BETWEEN McFADDEN AVENUE AND MONTA VISTA
AVENUE
WHEREAS, this Council heretofore adopted on April 5,
1993, Resolution No. 93-027, 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, Center Street between McFadden Avenue
and Monta Vista Avenue; and
WHEREAS, said Resolution gave notice that on May 3, 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 subsequently continued the date of
said hearing to May 17, 1993 at 6:00 P.M., or as sonn thereafter as
the matter could be heard; 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, 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:
577
Said street is not necessary to provide access to
abutting property owners.
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
any 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, 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 Center Street
between McFadden Avenue and Monta Vista Avenue, as 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 Center Street 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.
579
ATTEST
ADOPTED this
17th day of ~:&y
, 1993.
~lerk of the Council
COUNCILMEMBERS:
Young Yes
Pulido Yes
Lutz Yes
Mills Yes
Moreno Yes
Norton Yes
Richardson Yes
APPROVED AS TO FORM:
city Attorney
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~-O ~--~ to be the original resolution
adopted by the City Council of the city of Santa Ana on
C1 , Date
Ci~ of Santa Ana
3
Abandonment No. 92-A1
Lsgal Description
That certain portion of public street in the State of California, County of
Orange, City of Santa Aha, shown as Center Street on a map of Santa Aha Acres
recorded in Book 5, page 8 of Miscellaneous Maps of said Orange County, said
portion bounded Southerly by the North line of McFadden Avenue, shown on said
map as Fairview East Avenue, and bounded Northerly by the South line of Monta
Vista Avenue.
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