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H. The City Council finds from all the evidence submitted that the Vacation Area
<br />is unnecessary for present or prospective public use, based upon the following
<br />findings of fact:
<br />1. 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
<br />analyzed in Mitigated Negative Declaration, Environmental Review No. 2017-96,
<br />approved by the City Council on March 20, 2018. The City Council finds that all
<br />environmental impacts of the vacation are either insignificant or can be mitigated to a
<br />level of insignificance pursuant to the mitigation measures outlined in the Mitigated
<br />Negative Declaration and the Initial Study. The City Council further finds that there is no
<br />substantial evidence in the record supporting a fair argument that this vacation may
<br />result in significant environmental impacts. The City Council finds that the Mitigated
<br />Negative Declaration contains a complete, objective, and accurate reporting of the
<br />environmental impacts associated with this vacation and reflects the independent
<br />judgment of the City Council. Therefore, no 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
<br />Vacation shall only become effective upon the close of escrow for the purchase of
<br />property located at 2129 N. Main Street, Santa Ana, pursuant to the separate Sale
<br />Agreement and Escrow Instructions entered into by the City and Net Development Co.,
<br />Inc. The City Engineer shall advise the Clerk of the Council that this condition has been
<br />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
<br />any time, or from time to time, to construct, maintain, operate, replace, remove, and
<br />renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and
<br />across a street or highway proposed to be vacated and, pursuant to any existing
<br />franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace,
<br />remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other
<br />convenient structures, equipment, and fixtures for the operation of gas pipelines,
<br />telegraphic and telephone lines, railroad lines, and for the transportation or distribution
<br />of electric energy, petroleum and its products, ammonia, and water, and for incidental
<br />purposes, including access to protect these works from all hazards in, upon, and over
<br />the street or highway proposed to be 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
<br />County. Said recordation shall occur after the Condition (Section 3) has been satisfied
<br />to the satisfaction of the City Engineer.
<br />Resolution No. 2018-036
<br />Page 2 of 5
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