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Home My WebLink About2004-059 - Vacating a Portion of the East Sidewalk on Sycamore Street . . . 6/28/04Is RESOLUTION NO. 2004-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE EAST SIDEWALK ON SYCAMORE STREET BETWEEN SECOND STREET AND THIRD STREET (ABANDONMENT NO. 03- 04) 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: A. The City Council of the City of Santa Ana adopted, on July 6, 2004, Resolution No. 2004-045 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, a portion of the east sidewalk on Sycamore Street between Second and Third Street. The proposed abandonment area is 5.17 feet wide by approximately 250 feet long as shown on the map labeled Exhibit 1 attached hereto and made a part hereof by this reference. B. Said Resolution gave notice that at its meeting of August 2, 2004, 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. C. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. D. This Council further finds that notices of said proposed vacation stating the purposes of said Resolution and the time and place s~t for hearing were posted as directed by the Council and required by law. E. 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 sidewalk and received and considered all evidence submitted. F. 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 not necessary to provide access to abutting property owners; and Resolution No. 2004-059 Page 1 of 4 b. Said portion of said street is unnecessary for present or prospective public use. -- G. 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 the east sidewalk on Sycamore Street between Second Street and Third Street 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 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 area of Sycamore 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. .....,1 4. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 04-80 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 sidewalk shall not be deemed vacated until this resolution is recorded. This resolution shall not be recorded until security is provided by the developer of the adjacent parcel to the satisfaction of the City Attorney and the City Engineer to cover the costs associated with the street reconstruction. ADOPTED this ~ day of August, 200 '....."",.,~ Resolution No. 2004-059 Page 2 of 4 . . . APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Alvarezr Bistr Garciar Pulido Solorio (5) None (0) ChristYr Franklin (?> None (O) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-059 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2r 2004. Date~ 7/ ;;J-Q!Jr' Clerk of the Council City of Santa Ana Resolution No. 2004-059 Page 3 of 4 I I I PfJIJUC F'iVfJØHG $1RfJICMf ~ ~ ð 0:: CD 3RDST. 1.17' '- P- ~ 19 ~I I( I 1ND $fR'ØTPRIIENADE I ØIWÐ CEH'I'RAL BUII.DINØ ~ "- ./ 2NiD ST. ~ W 0:: 0 ::E 5 ~ PAtWHG UJT M~ ~ ABANDONUENT AREA EXHIBIT 1 $MIrA ANA 'PW A ' DA1Et ,. , AuguIt 2. 2004 ....- .., ,.... ABANDONMENT NO.D3-04: VACATE A PORTION OF SYCAMORE ST. SIDEWALK FROM SECOND ST. TO THIRD ST. k>\dH&9n'" .o..\ðbðI iCIO...,"t\CIÌIOf!CI o~tA ~tA.lOß Resolution No. 2004-059 Page 4 of 4 - . - 0 , ,....: (fJ z i § -..-" I .., ~ t;C "-,,,.