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HomeMy WebLinkAbout2000-023 - Vacating that Portion of Vamce Street Between Poinsettia Street89 RESOLUTION NO. 2000-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING THAT PORTION OF VANCE STREET BETWEEN POINSEq-I'IA STREET AND THE ALLEY IMMEDIATELY WEST OF POINSETTIA STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: The City Council of the City of Santa Ana adopted, on February 22, 2000, Resolution No. 2000-009 wherein it declared ils 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 that a portion of Vance Street between Poinsettia Street and the alley immediately west of Poinsettia Street as shown on a map attached to said Resolution as Exhibit 1. Said Resolution gave notice that at its meeting of March 20, 2000, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacations of the said street. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. Do 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. At its regularly scheduled Council meeting of March 20, 2000, the City Council continued consideration of the proposed street vacation, in accordance with law, to April 3, 2000, at 6:00 p.m., or as soon thereafter as the matter could be heard, at the Council Chambers located at 22 Civic Centar Plaza, City of Santa Ana. 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 street and received and considered all evidence submitted. This Council finds from all the evidence submitted that the said street is unnecessary for present or prospective public use, based upon the following findings of fact: Resolution No. 2000-023 Page 1 of 3 90 o 1) 2) Said street is not necessary to provide access to abutting property owners; and Said street is not necessary or convenient for servicing the flow of traffic. Pursuant to the provisions of section 892 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 nonmotorized transportation facilities, as defined in section 887of said Code; This Council does hereby order that the portion of Vance Street between Poinsettia Street and the alley immediately west of Poinsettia Street, more specifically described in "Exhibit 1" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an 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 electdc energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of Vance Street hereby vacated. The City Council also reserves and excepts from the above vacation an easement for future street or highway purposes. Moreover, if there are any in- place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the public utility facilities. 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. Said street shall not be deemed vacated until this resolution is recorded. Closure of said street to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, if any, is hereby approved pursuant to section 21101 of the Califomie Vehicle Code. ADOPTED this 3rd day of Aodl, 2000. Re~olution No. 2000-023 Page 2 of 3 91 A'CrEST: Clerk of the Council M~yorl A. Pulido COUNCILMEMBERS: Pulido Aye Lutz Absent Bist Aye Chdsty Absent Franklin Aye McGuigan Aye Moreno Aye APPROVED AS TO FORM: Benjar~in Kaufma~-'~ (.,) Chief Assistant City Attorney CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-023 to be the original resolution adopted by the City Council of the City of Santa Ana on April 3, 2000. Date: .~' -j~-~,.~o ~'~ Clerl~the'(~0uncil ~ City of Santa Ana Resolution No. 2000-023 Page 3 of 3 ,'- 93 WASHINGTON AVE, LEGEND ABANDONMENT AREA BURKE INDUSTRIAL CENTER April 3, 2000 'ts\bur ke-r ealest at e.dgn Jl EXHIBIT 1 I'l'itle: STREET ABANDONMENT 99-08 BURKE REAL ESTATE GROUP ET.a. STAFFORD 6TH ST