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Section 2. The City Council finds from all the evidence submitted that the
<br />Vacation Area is unnecessary for present or prospective use.
<br />Section 3. Except for the reservation of the easement described herein, the
<br />Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3
<br />of Division 9 of the Streets and Highways Code, upon the satisfaction of the following
<br />condition: Said vacation shall only become effective upon the property owner of 1226 South
<br />Birch Street successfully completing a Lot Line Adjustment involving Assessor's Parcel
<br />Numbers (APNs) 013-151-26, 38, 39 and 41. The City Engineer shall advise the City Clerk
<br />of the Council when this condition has been satisfied and this Resolution is recorded.
<br />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. 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 6. 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 7. The Vacation Area shall not be deemed vacated until this Resolution is
<br />recorded.
<br />Section 8. 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 17th day January, 2023.
<br />Resolution No. 2023-005
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