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RCS:adg Recorded Book 12665 Page 1331 4/27/78 May 8, 1978, 12:30 P.M. RESOLUTION NO. 78-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN EAST-WEST ALLEY FROM TOWNSEND TO RAITT STREETS BETWEEN THIRD AND FOURTH STREETS IN THE CITY OF SANTA ANA, ALLEY ABANDONMENT NO. 42. WHEREAS, this council heretofore adopted on, April 3, 1978, Resolution No. 78-39, where it declared its intention to vacate pursuant to and in accordance with the provisions of Part 3 of Division 9 of the Streets and Highways Code of the State of California, a portion of an east-west alley running from Townsend to Raitt Streets between Third and Fourth Streets, said portion of said alley being specifically described in said Resolution and reference being made in said Resolution to a certain map on file in the office of the Clerk of the Council for full particulars as to such proposed vacation; and WHEREAS, said Resolution gave notice that on May 1, 1978, at 7:30 p.m. or as soon thereafter as the matter could be heard, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said portion of said alley; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the pub- lishing of ordinances of the City; and WHEREAS, this Council further finds that notices of said proposed alley vacation stating the purposes of said Resolution and time and place set for hearing were posted as directed by the Council and required by law; and WHEREAS, this Council at the time and place set for hearing has heard any and all persons interested in or object- ing to said proposed vacation of said portion of said alley and has received and considered all evidence submitted; and WHEREAS, this Council finds from all the evidence submitted that the said portion of the said alley described in the abovementioned Resolution, and described more fully in "Exhibit A" attached hereto, is unnecessary for present or prospective street and alley purposes and not necessary or convenient for such use, based upon the following findings of fact: 1. The alley is presently unimproved and does not provide primary access to any private or public property. 2. Through vacation of the alley, the adjacant property owners can incorporate the alley into their property, thereby eliminating public maintenance and liability. 3. Ail utility companies, except for Pacific Telephone, have indicated no need for utility easements in the alley.