|
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. On March 15, 2016, the City of Santa Ana certified Final
<br />Environmental Impact Report No. 2013-01 for the Mater Dei High School Parking Structure
<br />and School Expansion Project ("EIR"), The EIR fully analyzed all impacts associated with
<br />the Mater Del project, including the vacation of the Vacation Area. In connection with
<br />certification of the EIR, the City also approved a Mitigation Monitoring Program and a
<br />Statement of Overriding Considerations. This vacation will not result in any "new
<br />information of substantial importance" as that term is used in CEQA Guidelines section
<br />15162(a)(3). Therefore, the previously certified Final EIR adequately addresses the
<br />impacts of this vacation without modification, and no further environmental review is
<br />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 dedication and recordation of an alley easement to
<br />the City of Santa Ana connecting Berkeley Street and Occidental for public access, trash
<br />and emergency service. Said alley easement shall be in a form acceptable to the City
<br />Engineer. The City Engineer shall advise the Clerk of the Council that this condition has
<br />been satisfied and that this 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 />75E-6
<br />
|