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WHEREAS, the City desires to vacate its interest in the Vacation Area; and
<br />WHEREAS; the Public Works Agency has conducted an analysis of the subject
<br />abandonment and has determined that there are no issues with summarily vacating the
<br />Vacation Area presently or in the future, as the Vacation Area (1) is an excess right-of-way
<br />of a street or highway not required for street or highway purposes; (2) has not been used
<br />for the purpose for which it was dedicated or acquired for five consecutive years
<br />immediately preceding this vacation; and (3) has been determined to be excess by the
<br />City, and there are no other public facilities located within the Vacation Area.
<br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
<br />Ana as follows:
<br />Section 1. The recitals set forth above are adopted as findings in support of this
<br />Resolution.
<br />Section 2. The street right of way described in Exhibit A is hereby ordered
<br />vacated.
<br />Section 3. From and after the date of recordation of this resolution, the right of
<br />way described in Exhibit A will no longer constitute a street easement.
<br />Section 4. Except for the reservation of the easement described herein, the
<br />Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3
<br />of Division 9 of the streets and Highways Code.
<br />Section 5. The vacation of the Vacation Area is exempt from review under the
<br />California Environmental Quality Act pursuant to section 15378 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 of the environment.
<br />Section 6. All entities having any right, title, or interest in the street right of way
<br />being vacated have been notified of this action.
<br />Section 7. The City hereby reserves and excepts from vacation, pursuant to
<br />section 8340 of California Streets and Highways Code, the easement and right at any time,
<br />or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary
<br />sewers and storm drains and appurtenant structures in, upon, over, and across a street or
<br />highway proposed to be vacated and, pursuant to any existing franchise or renewals
<br />thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge
<br />lines of pipe, conduits, cables, wires, pole, and other convenient structures, equipment,
<br />and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad
<br />lines, and for the transportation or distribution of electric energy, petroleum and its
<br />products, ammonia, and water, and incidental purposes, including access to protect these
<br />works from all hazards in, upon, and over the street or highway proposed to be vacated.
<br />Resolution No. 2023-XXX
<br />Page 2 of 4
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