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HomeMy WebLinkAbout95-035 Not Adopted043 RESOLUTION NO. 95-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING MORTIMER STREET BETWEEN FOURTH AND FIFTH STREETS WHEREAS, this Council heretofore adopted on June 5 Resolution No. 95-016, wherein it declared its intention , pursuant to and in accordance with the provisions of 3 of Part 3 of Division 9 of the Streets and Highways Code the State of California, a portion of Camille Street west of Avenue and Cedar Street north of Bishop Street. WHEREAS, said Resolution gave 1995, at 6:00 p.m., or as soon thereafter as heard, in the Council Chambers of the Center Plaza, Santa Ana, California, and all persons interested vacation of the said and published in ordinances the notice on July 3, matter could be ~anta Ana, 20 civic would hear any to said proposed law for Lon has been publishing of proposed and the time the Council notices of said of said Resolution ~g were posted as directed by and WHEREAS, this hearing heard any and said proposed vacation all evidence submitt~ at the time and place set for persons interested in or objecting to said streets and received and considered WHEREAS submitted that prospective publ Council finds from all the evidence said streets are unnecessary for present or use, based upon the following findings of fact: 1. Sai street is not necessary to provide access to abutting owners. the flow lid street is not necessary or convenient for servicing traffic. WHEREAS, pursuant to the .provisions of S 2381 of the StreE and Highway Code of the State of California, the City does hereby find and determine that neither said streets nor any part thereof is useful as nonmotorized transportation facilities, as defined in § 156 of said Code; 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. This Council does hereby order that Mortimer between Fourth Street and Fifth Street, more specifically in "Exhibit A" attached hereto and made a part hereof this reference, be, and the same is, hereby vacated, and excepting from said vacation the public service set forth hereinbelow. 2. Reserved and excepted from the abovesa easement and right at any time, or from t maintain, operate,replace, remove storm drains and existing franchise or maintain, pipe, conduits structures, pipelines, the and its products, including access and over the area wires and and or dj or and all hazards in, hereby vacated. is the to construct, sewers and to any to construct, en] rge lines of convenient of gas and for petroleum :idental purposes, upon, 3. The Clerk the certified copy hereof, atte: in the office of the Executive Director of the the Council with to the west of above precedent to the imposed on the shall not be is hereby directed to cause a by her under seal, to be recorded of Orange County at such time as the Works Agency provides the Clerk of that the owner of the parcel street has satisfied the conditions of the abovesaid street which have been of said parcel. The abovesaid street until this resolution is recorded. ADOPTED thi~ day of , 1995. ATTEST: Janice C. Clerk o! Council Miguel A. Pulido Mayor Pulido Richardson Espinoza Lutz McGuigan Mills Moreno APPROVED AS TO FORM: city Attorney LEGAL DESCRIPTION ABANDONMENT NO. 95-A5 That certain public street shown as Street on a map of Fruit's Addition to Santa Ana, California in Book 9, page 81 of Miscellaneous Records of Los Ange California, said street being 60.00 feet wide, by the easterly extension of the North line of of said Fruit's Addition, and bound Southerly by the ~xtension of the South line of Block 5 of said Fruit's Addition EXHIBIT A