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<br />EXHIBIT 5 <br />RESOLUTION NO. 2025-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA RESCINDING RESOLUTION NO. 94-031, AND <br />VACATING PORTIONS OF CUBBON STREET, HESPERIAN <br />STREET, AND A PUBLIC ALLEY WITHIN MARTIN LUTHER <br />KING, JR. ELEMENTARY SCHOOL AT 1001 GRAHAM LANE, <br />(ABANDONMENT NO. 2024-03) <br />WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 <br />et seq. provides for summary vacation of streets and public service easements; and <br />WHEREAS, on June 20, 1994, the City Council adopted Resolution No. 94-031, <br />which aimed to vacate portions of Cubbon Street, Hesperian Street, and an alley west of <br />Bristol Street at the request of the Santa Ana Unified School District (SAUSD) to allow for <br />the construction of Martin Luther King, Jr. King Elementary School; and <br />WHEREAS, as allowed by Resolution No. 94-031, SAUSD closed portions of <br />Cubbon Street, Hesperian Street, and the alley to the public, and constructed public school <br />facilities within and adjacent to the street rights of way, however the resolution was not <br />recorded, and therefore the vacation was not effectuated, leaving these portions of land as <br />public rights-of-way; and <br />WHEREAS, to accommodate the street and alley closures, SAUSD constructed and <br />opened to the public re-aligned streets and alley improvements, however SAUSD did not <br />convey rights of way for the re-aligned streets and alley improvements to the City of Santa <br />Ana, leaving portions of land used by the public as private property; and <br />WHEREAS, subsequent review revealed that certain boundaries and legal <br />descriptions of the intended vacated areas as specified in the original resolution are <br />inconsistent with the constructed improvements; and <br />WHEREAS, to align the City's right-of-way boundaries with current street <br />improvements, the City Council finds it necessary to rescind Resolution No. 94-031 and <br />adopt the current Resolution to vacate specific portions of Cubbon Street, Hesperian <br />Street, and an adjacent alley totaling 34,778 square feet as shown on Exhibit A (“Vacation <br />Area”); and <br />WHEREAS, the SAUSD Board of Education met on December 17, 2024, to adopt <br />a resolution to declare its intention to grant the easement and set a public hearing for <br />January 28, 2025, in order to authorize execution of an easement deed and agreement to <br />convey public street easement rights to City over the Cubbon Street cul de sac bulb, and <br />connecting alley totaling 12,073 square feet as shown on Exhibit B (“New Street Easement <br />Area”) <br />WHEREAS, California Streets and Highways Code sections 8331 and 8334 <br />authorizes the City Council to summarily vacate: (1) a street or highway which has been <br />Resolution No. 2025-XXX <br />Page 1 of 5