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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. 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
<br />Structure and School Expansion Project ("EIR"). The EIR fully analyzed all impacts
<br />associated with the Mater Dei project, including the vacation of the Vacation Area. In
<br />connection with certification of the EIR, the City also approved a Mitigation Monitoring
<br />Program and a Statement of Overriding Considerations. This vacation will not result in
<br />any "new information of substantial importance" as that term is used in CEQA
<br />Guidelines section 15162(a)(3). Therefore, the previously certified Final EIR adequately
<br />addresses the impacts of this vacation without modification, and no further
<br />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 dedication and recordation of an alley
<br />easement to the City of Santa Ana connecting Berkeley Street and Occidental for public
<br />access, trash and emergency service. Said alley easement shall be in a form
<br />acceptable to the City Engineer. The City Engineer shall advise the Clerk of the Council
<br />that this condition has 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
<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 />Section 6. The Vacation Area shall not be deemed vacated until this
<br />Resolution is recorded.
<br />Section 7. The Clerk of the Council shall attest to and certify the vote adopting
<br />this Resolution.
<br />Resolution No. 2018-037
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