HomeMy WebLinkAbout2002-097 - Vacating a Portion of Walnut Street from Minnie Street to the Santa Fe Railroad 11/8/02 LS
RESOLUTION NO. 2002-097
A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF ~D:
SANTA ANA VACATING A PORTION OF WALNUT STREET ~[~3
FROM MINNIE STREET TO THE SANTA FE RAILROAD rlgE:
(ABANDONMENT NO. 02-05)
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 October 7, 2002,
Resolution No. 2002-075 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
portion of Walnut Street located between Minnie Street and the Santa Fe
Railroad, as shown on the map labeled Exhibit 1 attached hereto and made
a part hereof by this reference. Said property contains a city-owned
easement and measures 60 feet in width by approximately 290 feet in
length.
Said Resolution gave notice that at its meeting of November 18, 2002, 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
vacation of 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.
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.
Eo
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 portion of the
street and received and considered all evidence submitted.
This Council finds from all the evidence submitted that said portion of the
street is unnecessary for present or prospective public use, based upon the
following findings of fact:
a. Said portion of said street is only necessary to provide access to a
Resolution No. 2002-097
Page 1 of 4
single abutting property owner who has reimbursed the City for -
improvements thereon; and
Said portion of 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 887 of said Code;
2. This Council does hereby order that that portion of Walnut Street located
between Minnie Street and the Santa Fe Railroad, as shown on the map labeled Exhibit
1 attached hereto and made a part hereof by this reference, be, and the same is, 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 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 Walnut 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.
4. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review. Categorical Exemption Environmental Review
No. 02-307 will be filed for this report.
5. 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.
6. Said portion of the street shall not be deemed vacated until this resolution is
recorded.
ADOPTED this 18~h day of November , 2002.
Resolution No. 2002-097
Page 2 of 4
MiguelA. Pulido ~, \
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ,'~2~ g-~
Lisa E. Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist, Christy, Franklin, McGuigan, (5)
None (0)
None (0)
Solorio, Pulido/2)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2002-097 to be the original resolution adopted by the City Council of the
City of Santa Ana on November 18, 2002.
Date:
Resolution No. 2002-097
Page 3 of 4
FIRST ST.
PROPOSED
WALNUT ST.
CHESTNUT AVE.
A.LL ROOFINC \
\
~ E. Walnut Ave. ~ \
290'
N.T.$.
-STREET TO SE VACATED
""'"" ^,~DO.,.,,=,.'T o2-o~ ~4~'"~1
WALNUT STREET FROM MINNIE STREET TO SANTA FE RA LROAD ~ --)~
City Council
Ager~de Date
Oct~ 7, 2002
Resolution No. 2002-097
Page 4 of 4