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RESOLUTION NO. 86-58 <br />PAGE TWO <br /> <br /> WHEREAS, this Council finds from all the evidence <br />submitted that the said street portions described in "Exhibit <br />A" attached hereto, is unnecessary for present or prospective <br />public use, based upon the following findings of fact: <br /> <br /> 1. Ail property adjacent to the said portions of said <br />streets and the underlying fee of said street has been or <br />will be acquired by the Community Redevelopment Agency of the <br />City of Santa Ana, to be conveyed to a private developer for <br />development as an apartment complex, except the property to <br />the west of Birch Street which is held by the City of Santa <br />Ana as a public park. <br /> <br /> 2. Said apartment complex will not require access to <br />or from said portions of said streets. No other property <br />requires access to or from said portions of said streets. <br /> <br /> 3. Said portions of said streets are not necessary or <br />convenient for servicing the flow of traffic. <br /> <br /> WHEREAS, pursuant to the provisions of §2381 of the <br />Streets and Highway Code of the State of California, the City <br />Council does hereby find and determine that neither said <br />street portion nor part thereof, is useful as a nonmotorized <br />transportation facility, as defined in ~156 of said Code; and <br /> <br /> WHEREAS, pursuant to the provisions of ~8340(c) of the <br />said Streets and Highways Code, the City Council does hereby <br />find and determine that there are in-place utility facilities <br />that are in use in said street portion, and that easements <br />will hereby be reserved for said facilities. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA AS FOLLOWS: <br /> <br /> 1. That this Council does hereby order that a portion <br />of Birch Street between First Street and a line 75 feet south <br />of the south line of Third Street and a portion of Second <br />Street between Birch Street and a line 100 to 130 feet West <br />of the west line of Broadway, and an alley extending south <br />150 feet from the south side of Third Street and an alley <br />between Birch Street and Broadway north of First Street in <br />the City of Santa Ana, described in "Exhibit A" attached <br />hereto and made a part hereof by this reference, be, and the <br />same is, hereby vacated, reserving and excepting from said <br />vacation the public service easements set forth hereinbelow. <br /> <br /> 2. Reserved and excepted from the abovesaid vacation, <br />with regard to Birch Street only, is easement and right at <br /> <br /> <br />