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jmf 4/1/19 <br />2. The Vacation Area is unnecessary for present or prospective public <br />use. <br />Section 2. This vacation is categorically exempt from the California <br />Environmental Quality Act under Section 15301(c) (existing highways and streets) of the <br />State CEQA Guidelines. <br />Section 3. The Vacation Area is hereby vacated, except for the reservation of <br />easement described herein with respect to a portion of the Vacation Area that is shown on <br />Exhibit B attached hereto and incorporated herein by this reference. <br />Section 4. As only to the portion of the Vacation Area that is shown on Exhibit B, <br />the City hereby reserves and excepts from vacation, pursuant to section 8340 of the <br />California Streets and Highways Code, the easement and right at any time, or from time to <br />time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and <br />storm drains and appurtenant structures in, upon, over, and across a street or highway <br />proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or <br />otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of <br />pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and <br />fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, <br />and for the transportation or distribution of electric energy, petroleum and its products, <br />ammonia, and water, and for incidental purposes, including access to protect these works <br />from all hazards in, upon, and over 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 County. <br />Section 6. The Vacation Area shall not be deemed vacated until this Resolution <br />is recorded. <br />Section 7. The Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />ADOPTED this 16th day of April, 2019. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />Jahn M. Funk <br />Assistant City Attorney <br />Miguel A. Pulido <br />Mayor <br />75A-6 <br />Resolution No. 2019 -XXX <br />Page 2 of 3 <br />