HomeMy WebLinkAbout2001-013 - Vacating the Alley North of First Street Between Figueroa Street RESOLUTION NO. 2001-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING THE ALLEY IMMEDIATELY
NORTH OF FIRST STREET BETWEEN FIGUEROA
STREET AND BEWELY STREET
WHEREAS, the City Council of the City of Santa Ana adopted, on January 2,
2001, a Resolution 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, the alley immediately north of First Street
between Figueroa Street and Bewely Street;
WHEREAS, said Resolution gave notice that on February 5, 2001 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, 20 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 alley; and
VVHEREAS, 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 alley 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 headng heard any and all
persons interested in or objecting to said proposed vacation of said alley and received
and considered all evidence submitted; and
WHEREAS, 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
2. Said alley is not necessary or convenient for servicing the flow of traffic.
WHEREAS, 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 nonmotodzed transportation facilities,
as defined in section 887 of said Code;
Resolution No. 2001-013
Page 1 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
This Council does hereby order that the alley located immediately north of
First Street between Figueroa Street and Bewely Street, and, more
specifically described in "Exhibit A" attached hereto and made a part hereof
by this reference, be, and the same are, hereby vacated.
Pursuant to §8340 of the 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 electric 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 areas 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.
The above said alley shall not be deemed vacated until this resolution is
recorded. Closure of the abovesaid alley to vehicular traffic is hereby
approved pursuant to section 21101 of the California Vehicle Code.
ADOPTED this 5t._~_h day of February, 2001.
ATTEST:
Patricia E. Healy
Clerk of the Council
Mayor
Resolution No. 2001-013
Page 2 of 4
COUNCILMEMBERS:
Pulido Aye
McGuigan Aye
Alvarez Aye
Bist Aye
Christy Aye
Franklin Aye
Solorio Aye
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Christopher G. Norman
Assistant City Attorney
CERTIFICATE OF ORIGINALITY
I, PATRIClA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution
No. 2001-013 to be the original resolution adopted by the City Council of the City of
Santa Ana on February 5, 2001.
Clerk of the Council [J
City of Santa Ana
Resolution No. 2001-013
Page 3 of 4
FIRST STREET
PROPOSED ALLEY ABANDONMENT
MR. KAGASOFF'$ PROPERTIES
EXIST. 8" VCP SEWER
EXHIBIT 1
PWA
Feb. 5, 2001
Resolution No. 2001-013
Page 4 of 4
ABANDONMENT 00-05