Resolution No. 2023-XXX
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUMMARILY VACATING A PORTION OF A
PUBLIC RIGHT -OF-WAY ADJACENT TO 1601 AND 1607
NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02)
WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, California Streets and Highways Code sections 8333 and 8334 authorizes the City Council to summarily vacate: (1) an excess right-of-way of a street or highway not required for street or highway purposes ; (2) an easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and ( 3) an e asement that has been determined to be excess by the easement holder, and there are no other public facilities located within the easement; and
WHEREAS, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65042(a); the City desires to vacate a 392 square- foot portion of Bristol Street, as shown on Exhibit A (“Vacation Area”), and WHEREAS, the properties at 1601 and 1607 North Bristol Street were acquired for the purposes of widening and improving Bristol Street; and WHEREAS, the City designated portions of 1601 and 1607 North Bristol Street , including the Vacation Area, as public street right of way through recordation of a grant deed; and
WHEREAS, the Vacation Area is situated outside the limits of the Bristol Street improvements; and
WHEREAS; the Vacation Area constitutes an excess right -of-way not required for street purposes; and
WHEREAS, the Vacation Area has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding th is vacation; and
WHER
AS, the Vacation Area has been determined to be excess by the City, and there are no other public facilities located within the Vacation Area; and WH
EREAS, the Vacation Area could potentially be incorporated into the adjacent private property site to facilitate a more efficient development; and EXHIBIT 5
Resolution No. 2023-XXX
WHEREAS, the City desires to vacate its interest in the Vacation Area; and WHEREAS; the Public Works Agency has conducted an analysis of the subject abandonment and has determined that there are no issues with summarily v acating the Vacation Area presently or in the future, as the Vacation Area (1) is an excess right-of-way of a street or highway not required for street or highway purposes; (2) has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding this vacation; and (3) has been determined to be excess by the City, and there are no other public facilities located within the Vacation Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The recitals set forth above are adopted as findings in support of this Resolution.
Section 2. The street right of way described in Exhibit A is hereby ordered vacated.
Section 3. Fro m and after the date of recordation of this resolution, the right of way described in Exhibit A will no longer constitute a street easement.
Section 4. Except for the reservation of the easement described herein, t he Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code.
Section 5. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.
Section 6. All entities having any right, title, or interest in the street right of way being vacated have been notified of this action.
Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the 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 in, upon, over, and across a street or highway proposed to be vacated 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, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
Resolution No. 2023-XXX
Section 8. The City Clerk is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Section 9. The Vacation Area shall not be deemed vacated until this Resolution is recorded.
Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADO
PTED this 16th day of July, 2024.
Val erie Amezcua
Mayor
APPRO
VED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES:
Councilmembers
NO
ES: Councilmembers
ABST
AIN: Councilmembers
NO
T PRESENT: Councilmembers
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jen
nifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2024 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2024.
Date:
City Clerk
City of Santa Ana
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EXHIBIT A