HomeMy WebLinkAbout2006-081 - Vacating Portions of College Avenue, 15th Street and Martha Lane
11/13/061es
RESOLUTION NO. 2006-081
,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING PORTIONS OF COLLEGE
AVENUE, 15TH STREET AND MARTHA LANE
(ABANDONMENT NO. 06-02)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 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 September 18, 2006,
Resolution No. 2006-066 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, portions of College Avenue
between Washington Avenue and 17'h Street, and portions of 15th Street and
Martha Lane.
B. Rancho Santiago Community College District is planning an expansion of
the Santa Ana College campus in accordance with its Master Plan. The vacated
streets will be incorporated into the expanded campus, with cul-de-sacs being built
at the east ends of the remaining portions of Martha Lane and 15th Street.
C. Easements for the City's water and sewer facilities, traffic signal equipment,
existing gas lines and overhead utilities are hereby reserved.
D. Resolution 2006-066 gave notice that at its meeting of October 16, 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.
E. At the meeting of October 16, 2006, this Council continued this matter so
that further noticing and public meetings could be held pertaining to the proposed
vacation.
F. This Council finds that said Resolution has been published in the manner
prescribed by law for the publishing of ordinances of the City.
G. This Council further finds that notices of said proposed 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.
H. 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 portions of the
Resolution No 2006.081
Page 1 of 5
streets and received and considered all evidence submitted.
I. This Council finds from all the evidence submitted that said portions of the
streets are unnecessary for present or prospective public use, based upon the
following findings of fact:
a. Said portions of said streets are not necessary to provide access to abutting
property owners; and
b. Said portions of said streets are unnecessary for present or prospective
public use.
J. 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 portions of the streets nor any part thereof are useful as nonmotorized
transportation facilities, as defined in section 887 of said Code.
Section 2. This Council does hereby order that those portions of College
Avenue between Washington Avenue and 17'h Street, and portions of 15'h Street and
Martha Lane, as shown on the maps labeled Exhibits 1 and 2, attached hereto and made
a part hereof by this reference, be, and the same are, hereby vacated.
Section 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 eiectric 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 portions of College Avenue between Washington
Avenue and 17'h Street, and portions of 15th Street and Martha Lane hereby vacated.
The City Council also reserves and excepts from the above vacation easements for the
City's storm drain facilities and the Orange County Sanitation District sewer trunk facilities.
Moreover, if there are any traffic signal equipment and/or 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 traffic
signal equipment and public utility facilities.
Section 4. The abandonment is adequately addressed in the Environmental
Impact Report prepared by the Rancho Santiago Community College District No
further CEQA analysis is required.
Section 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.
Resolution No. 2006-081
Page 2 of 5
Section 6. Said portions of the streets shall not be deemed vacated until this
resolution is recorded.
ADOPTED this 20" day of November. 2006.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ,~: r: /J4;~
Lisa E. Storck
Assistant City Attorney
AYES Councilmembers Alvarez, Bist, Bustamante, Christy, Garcia,
Pulido, Solorio (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006-081 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 20, 2006.
Date:
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Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2006-081
Page 3 of 5
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EXHIBIT 1
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OCT. 16, 2006
Title:
PUBLIC HEARING' ABANDONMENT NO. 06-02
VACATE PORTIONS OF COLLEGE AVENUE,
15TH STREET, AND MARTHA LANE
Resolution No. 2006-081
Page 4 of 5
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Title'
PU8UC HEARING' ABANDONMENT NO. 06-02
VACATE PORTIONS OF COLLEGE AVENUE.
15TH STREET, AND MARTHA LANE
Resolution No. 2006-081
Page 5 of 5