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Item 28 - Resolution rescinding Resolution No. 94-031
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01/21/2025
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Item 28 - Resolution rescinding Resolution No. 94-031
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1/15/2025 1:37:25 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
28
Date
1/21/2025
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<br />Section 4. The Vacation Area described in Exhibit A is hereby ordered vacated, <br />upon satisfaction of the following condition: <br />A. SAUSD shall execute and provide to the City an easement deed and agreement <br />in a form approved by the City Attorney for the New Street Easement Area <br />described in Exhibit B. <br />B. Upon satisfactory completion of the above condition, the City Engineer shall <br />advise the City Clerk that the vacation is therefore effective and may be <br />recorded. <br />Section 5. The City Clerk is hereby directed to cause a certified copy hereof, <br />attested under seal, to be recorded in the Office of the Recorder of Orange County. Said <br />recordation shall occur after the conditions in Section 4 of this resolution have been <br />completed to the satisfaction of the City Engineer. <br />Section 6. The Vacation Area shall not be deemed vacated until this Resolution <br />is recorded. <br />Section 7. From and after the date of recordation of this resolution, the Vacation <br />Area will no longer constitute a street easement. <br />Section 8. Except for the reservation of the easement described in Sections 9 <br />and 10, the Vacation Area as shown on Exhibit A is hereby vacated pursuant to Chapter <br />4 of Part 3 of Division 9 of the streets and Highways Code. <br />Section 9. The City hereby reserves and excepts from vacation, pursuant to <br />section 8340 of California Streets and Highways Code, the easement described specifically <br />in Exhibit B, and reserves the right at any time, or from time to time, to construct, maintain, <br />operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant <br />structures in, upon, over, and across a street or highway proposed to be vacated and, <br />pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, <br />operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, pole, <br />and other convenient structures, equipment, and fixtures for the operation of gas pipelines, <br />telegraphic and telephone lines, railroad lines, and for the transportation or distribution of <br />electric energy, petroleum and its products, ammonia, and water, and incidental purposes, <br />including access to protect these works from all hazards in, upon, and over the street or <br />highway proposed to be vacated. <br />Resolution No. 2025-XXX <br />Page 3 of 5
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