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The Vacation Area is not necessary to provide access to abutting
<br />property owners; and
<br />2. The Vacation Area is unnecessary for present or prospective public
<br />use.
<br />Section 2. The environmental impacts of this vacation were previously analyzed
<br />in Mitigated Negative Declaration, Environmental Review No. 2017-96, approved by the
<br />City Council on March 20, 2018. The City Council finds that all environmental impacts of
<br />the vacation are either insignificant or can be mitigated to a level of insignificance pursuant
<br />to the mitigation measures outlined in the Mitigated Negative Declaration and the Initial
<br />Study. The City Council further finds that there is no substantial evidence in the record
<br />supporting a fair argument that this vacation may result in significant environmental
<br />impacts. The City Council finds that the Mitigated Negative Declaration contains a
<br />complete, objective, and accurate reporting of the environmental impacts associated with
<br />this vacation and reflects the independent judgment of the City Council. Therefore, no
<br />further environmental review is necessary.
<br />Section 3. The Vacation Area is hereby vacated, except for the reservation of
<br />easement described herein, upon the satisfaction of the following condition. Said Vacation
<br />shall only become effective upon the close of escrow for the purchase of property located
<br />at 2129 N. Main Street, Santa Ana, pursuant to the separate Sale Agreement and Escrow
<br />Instructions entered into by the City and Net Development Co., Inc. The City Engineer
<br />shall advise the Clerk of the Council that this condition has been satisfied and that this
<br />vacation is therefore effective.
<br />Section 4. The City hereby reserves _and excepts from vacation, pursuant to
<br />section 8340 of the California Streets and Highways Code, the easement and right at any
<br />time, or from time to time, to construct, maintain, operate, replace, remove, and renew
<br />sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a
<br />street or highway proposed to be vacated and, pursuant to any existing franchise or
<br />renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew,
<br />and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures,
<br />equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines,
<br />railroad lines, and for the transportation or distribution of electric energy, petroleum and its
<br />products, ammonia, and water, and for incidental purposes, including access to protect
<br />these works from all hazards in, upon, and over the street or highway proposed to be
<br />vacated.
<br />Section 5. The Clerk of the Council is hereby directed to cause a certified copy
<br />hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
<br />Said recordation shall occur after the Condition (Section 3) has been satisfied to the
<br />satisfaction of the City Engineer.
<br />Section 6. The Vacation Area shall not be deemed vacated until this Resolution
<br />is recorded.
<br />Resolution No. 2018 -XXX
<br />Page 2 of 3
<br />7501-6
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