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WHEREAS, the Vacation Area could potentially be incorporated into the adjacent <br />private property site to facilitate a more efficient development; and <br />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- <br />way of a street or highway not required for street or highway purposes; (2) has not been <br />used 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 <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 <br />a 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, pole, and other convenient structures, <br />equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone <br />lines, railroad lines, and for the transportation or distribution of electric energy, petroleum <br />Resolution No. 2024-039 <br />Page 2 of 4 <br />