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Section 4. The vacation of the Vacation Area is exempt from review under the
<br />California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA
<br />Guidelines because it can be seen with certainty that there is no possibility that it will have
<br />a significant impact on the environment. This vacation is also exempt from CEQA review
<br />under section 15305(c) (minor alterations in land use limitations) of the State CEQA
<br />Guidelines.
<br />Section 5. To restrict enclosure of the Vacation Area, Corbiz, LLC, owner of the
<br />immediately adjacent Southern Counties Gas Company Building at 207 West Second
<br />Street, shall be required to record a covenant, to the satisfaction of the City's Planning and
<br />Building Agency, to prohibit new structures in the Vacation Area and maintain the Vacation
<br />Area as open space before the vacation becomes effective.
<br />Section 6. 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 7. 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 8. The Vacation Area shall not be deemed vacated until this Resolution
<br />is recorded.
<br />Section 9. This Resolution shall take effect immediately upon its adoption by the
<br />City Council, and the Clerk of the Council shall attest to and certify the vote adopting this
<br />Resolution.
<br />ADOPTED this 16th day of August. 2022.
<br />Vicente Sarmiento
<br />Mayor
<br />Resolution No. 2022-072
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