HomeMy WebLinkAbout2001-004 - Vacating that Portion of the Alley North of First StreetRESOLUTION NO. 2001-004 'I'IME: lC'; ~'7~-A. ~,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING THAT PORTION OF THE ALLEY
NORTH OF FIRST STREET BETVVEEN HARBOR
BOULEVARD AND FIGUEROA STREET (ABANDONMENT
NO. 00-03)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
1. 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 November 20, 2000,
Resolution No. 2000-070 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 that a
portion of the alley immediately north of First Street between Harbor
Boulevard and Figueroa Street as shown on Exhibit I attached hereto.
Said Resolution gave notice that at its meeting of January 2, 2001, 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.
Co
This Council finds that said Resolution has been published in the manner
prescribed by law for the publishing of ordinances of the City.
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.
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 alley and
received and considered all evidence submitted.
This Council finds from all the evidence submitted that the said alley is
unnecessary for present or prospective public use, based upon the
following findings of fact:
Said alley is not necessary to provide access to abutting property
owners; and
Resolution No. 2001-004
Page 1 of 4
2. Said alley 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 alley nor any part thereof is useful as nonmotorized
transportation facilities, as defined in section 887of said Code;
2. This Council does hereby order that the portion of portion of the alley
immediately north of First Street between Harbor Boulevard and Figueroa Street as
shown on Exhibit 1 attached hereto and made a part hereof by this reference, be, and the
same are, hereby vacated.
3. Pursuant to section 8340 of the California Streets and Highways Code, the
City Council reserves and excepts from the above vacation an easement and dght 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
ara any in-place public utility facilities that are in use, the City Council reserves and
excepts from the above vacation an easement and dght necessary to maintain, operate,
replace, remove or renew the public utility facilities.
4. 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.
5. Said alley shall not be deemed vacated until this resolution is recorded.
Closure of said alley 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 California Vehicle Code.
ADOPTED this 2"d day of ~Januarv, 2001.
Resolution No. 2001-004
Page 2 of 4
A'I-rEST: .~ /
Patricia E. Healy ~-~
Clerk of the Council
COUNClLMEMBERS:
Pulido Aye
McGuigan Aye
Alvamz Aye
Bist Absent
Christy Aye
Franklin ~h~tain
Solorio Ay®
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~enje~in Kauf~an
~hiefJAssistant City Attorney
CERTIFICATE OF ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution
No. 2001-004 to be the odginal resolution adopted by the City Council of theTCity of Santa
Ana on Januarv 2. 2001. ~.
Date: //~/~/ l~~ ~~
/
Clerk of the Council ~ '-~ ~
City of Santa Ana
Resolution No. 2001-004
Page 3of4
121 N. HARBOR BLVD. 114N.GuE~ I ~
O~ FI ROA ST.
<[: 115 N. HARBOR BLVD.
· ~- .
~ ~ 240'
101 N HARBOR BLVD.
~' EXIST.
12" SEVVER
37O9
W. FIRST ST~
FIRST STREET
PROPOSED ALLEY ABANDONMENT
MR. PIEPER'S PROPERTIES
I I
Resolution No. 2001-004
Page 4 of 4