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Recorded on June 9, 1987 at 2:30 p.m. ~O~ <br />Recorded No. 87-325001 REL:jJ(27) <br />DEED 7392 4/30/87 <br /> <br />RESOLUTION NO. 87-41 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA SUMMARILY VACATING AN UNUSED <br />UTILITY EASEMENT LOCATED AT 1202 EAST AVALON <br />AVENUE <br /> <br /> W=HEREAS, a portion of Hathaway Street to the south of <br />Avalon Avenue was dedicated to the City of Santa Ana for street <br />purposes by the final subdivision map for Tract No. 4528, re- <br />corded in 1962; and <br /> <br /> WHEREAS, said portion of Hathaway Street was thereafter <br />vacated by Resolution No. 66-135 of this Council, dated October 3, <br />1966, with the reservation of a utility easement; and <br /> <br /> WHEREAS, the utility easement thereby reserved to the <br />City of Santa Ana, has never been used for the purpose for which <br />it was dedicated and acquired; and <br /> <br /> WHEREAS, said utility easement constitutes a "public <br />service easement" under Section 8306 of the Street and Highways <br />Code of the State of California; and <br /> <br /> WHEREAS, pursuant to Section 8333 of the said Streets <br />and Highways Code, the City Council may summarily vacate, without <br />notice and hearing, a public service easement which has not been <br />used for the purpose for which it was dedicated or acquired for <br />at least five consecutive years immediately preceding the pro- <br />posed vacation; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />the City of Santa Ana as follows: <br /> <br /> 1. Pursuant to the provisions of Chapter 4 of Part 33 <br />of Division 9 of the Streets and Highways Code of the State of <br />California, and, in particular, Section 8333 thereof, that public <br />service easement on property located in the City of Santa Ana, <br />County of Orange, State of California, specifically described in <br />Exhibit A, attached hereto and incorporated herein by reference, <br />is, under the facts hereinabove recited, hereby vacated, and from <br />the date this resolution is recorded in the office of the Recorder <br /> <br /> <br />