021
REL: S/]1/ 94
RESOLUTION NO. 94- 031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA VACATING CUBBON STREET BETWEEN
GRAHAM LANE AND HESPERIAN STREET, HESPERIAN
STREET BETWEEN CUBBON STREET AND A LINE 270
FEET TO THE NORTH THEREOF, AND 450 FEET OF AN
ALLEY PARALLEL TO AND EAST OF HESPERIAN STREET
WHEREAS, this Council heretofore adopted on May 16, 1994, Resolution No. 94- 018, 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, Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street; and
WHEREAS, said Resolution gave notice that on June 20,
1994, 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 streets and alley; and
WHEREAS, 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 street and alley vacations 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
hearing heard any and all persons interested in or objecting to said proposed vacation of said streets and alley and received and considered all evidence submitted;
WHEREAS, this Council finds from all the evidence
submitted that the said streets and alley are unnecessary for present or prospective public use, based upon the following findings of fact:
1. Said streets are not necessary to provide access to abutting property owners.
2. Said streets are not necessary or convenient for
servicing the flow of traffic.
WHEREAS, there are no in- place public utility facilities EXHIBIT 2
RESOLUTION 94- 031
that are in use in the said streets and alley; and
WHEREAS, pursuant to the provisions of § 2381 of the
Streets and Highway Code of the State of California, the city Council does hereby find and determine that neither said streets and alley nor any part thereof, are useful as nonmotorized transportation facilities, as defined in § 156 of said Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
1. This Council does hereby order that those portions of Cubbon Street between Graham Lane and Hesperian Street, Hesperian Street between Cubbon Street and a line 270 feet to the north thereof, and 450 feet of an alley parallel to and east of Hesperian Street, more specifically described in Exhibit A, attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated.
2. 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 at such time as the Executive Director of the Public Works Agency provides the Clerk of the Council with written notification that the conditions set forth in Exhibit B, attached hereto and incorporated herein, have been satisfied by the Santa Ana Unified School District.
3. The abovesaid streets and alley shall not be deemed vacated until this resolution is recorded. Closure of the abovesaid streets to vehicular traffic, as appropriate to allow for the construction of the abovesaid public improvements prior to recordation of this resolution, is hereby approved pursuant to section 21101 of the California Vehicle Code.
ADOPTED this 20th day of
ATTEST:
e~ Ce C. Guy /
rk of the Councilk_
June , 1994.
You.g X3 /Mayor ~
COUNCILMEMBERS:
Young Aye
Pulido Absent
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
Richardson Absent
APPROVED AS TO FORM:
Edward--~. ~ Q~ er
City Attorney
2 024
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution to be the original resolution adoptedby the City Council of the City of Santa Aaa
Date:
fit// Clerk of the Coun6il ("'-7City of Santa Aaa
RESOLUtiON 94- 031 025
Exhibit
EXHIBIT
ABANDONMENT NO. 89- A6
LEGAL DESCRIPTION
Those certain portions of public streets and an alley in the State. of California, County of Orange, City of Santa Ana, shown as Hesperian Street, 60. 00 feet wide, Cubbon Street, 60. 00 feet wide, and that certain North/ South Alley, 20. 00 feet wide, in Tract No. 2325, recorded in Book 68, page 40 Records of Orange County, California, described as follows:
HesDeriap Street
Bounded Northerly by the Westerly extension of the North lot line of Lot 51 of said Tract No. 2325 and it' s intersection with the West line ~ f Hesperian Street, as shown on said Tract No. 2325 and bounded WeSterly by the Northerly extension of the West lot line of Lot 59 of said Tract No. 2325 and it' s intersection with the North line of said Cubbon Street, as shown on said Tract No. 2325.
Cubbon S~ eet
Bounded Easterly by the Northerly extension of the West lot line of said Lot 59 of said Tract No. 2325 and it' s intersection with the North line of said Cubbon street and bounded Westerly by the Northerly extension of the tangent portion of the' West lot line of Lot 62 of said Tract No. 2325 and it' s intersection with the North line of said Cubbon Street.
North/ South Alley
Bounded Northerly by the Westerly extension of the North lot line of Lot 30 of said Tract No. 2325 and it' s intersection with the East lot line of said Lot 51 and bounded Southerly by the Easterly extension of the South lot line of Lot 58 of said Tract No. 2325 and it' s intersection with the West lot line of Lot 22 of said Tract No. 2325.
EXHIBIT
RESOLUTION 94- 031
EXHIBIT A
MAP
E$ 1~ ENT AL ~
WISTERIA PL.
CUBBON STREET
RESOLUTION 94- 031
EXHIBIT
ao
Co
GENERAL
1. 2.
3. 4.
EXHIBIT B
Construct sewer facilities per approved plans.
Construct water facilities per approved plans.
Construct storm drain facilities per approved plans.
Install signing and striping per approved plans.
IMPROVE ALL PUBLIC FRONTING STREETS AS FOLLOWS:
5. Furnish ornamental street lighting with
directed by the City Engineer.
underground service
6. Close all unused driveways with curb, gutter, and sidewalk approved improvement plans.
Remove and replace all uplifted and cracked sidewalk.
as
per
Construct street tree wells and plant minimum 24 inch box trees per City Standard No. 1124 at locations in accordance with approved improvement plans.
9. Construct sidewalk per approved improvement plans.
IMPROVE HESPERIAN STREET AS FOLLOWS:
Construct a cul- de-sac at the proposed terminus of Hesperian Street as approved by the Public Works Agency per City standard No. 1106.
10. 11. Construct driveways per approved improvement plans.
IMPROVE CUBBON STREET AS FOLLOWS:
12. Construct driveway per approved improvement plans.
13. Construct off- site student drop- off zone with curb, gutter, pavement, and sidewalk to close Cubb0n Street.
IMPROVE BRISTOL STREET AS FOLLOWS:
14. Construct driveways per approved improvement plans.
15. Close unused drive approaches with curb, gutter and sidewalk and reconstruct X- portion of the existing drive approach of the southerly property.
16. Improve Graham Lane by constructing driveways per approved improve- ment plans.
17. Improve the alley from the proposed Hesperian Street cul- de-sac to the alley east of Hesperian Street by constructing a Portland Cement Concrete ( P. C.C.) alley per City Standard No. 1111.