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<br />RESOLUTION NO. 89- 072
<br />PAGE TWO
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<br /> WHEREAS, this Council finds from all the evidence
<br />submitted that the said street and alley 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. Said street and alley are not necessary to
<br />provide access to abutting property owners.
<br />
<br /> 2. Said street and alley are not necessary or
<br />convenient for servicing the flow of traffic.
<br />
<br /> WHEREAS, pursuant to the provisions of ~ 2381 of
<br />the Streets and Highway Code of the State of California, the
<br />City Council does hereby find and determine that neither said
<br />street or alley nor part thereof, is useful as a nonmotorized
<br />transportation facility, as defined in ~ 156 of said Code; and
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
<br />OF THE CITY OF SANTA ANA AS FOLLOWS:
<br />
<br /> That this Council does hereby order that Spurgeon
<br />Street between Third and Fourth Streets and an east-west alley
<br />south of Fourth Street between Bush and French Streets described
<br />in "Exhibit A" attached hereto and made a part hereof by this
<br />reference, be, and the same is, hereby vacated, reserving and
<br />excepting from the vacation the easement and right at any time,
<br />or from time to time, to consruct, maintain, operate, replace,
<br />remove, and renew sanitary sewers and storm drains and appurte-
<br />nant structures in, upon, over, and across said vacated street
<br />and alley and, pursuant to any existing franchise or renewals
<br />thereof, or otherwise, to construct, maintain, operate, replace,
<br />remove, renew, and enlarge lines of pipe, conduits, cables,
<br />wires, poles, and other convenient structures, equipment, and
<br />fixtures for the operation of gas pipelines, telegraphic and
<br />telephone lines, railroad lines, and for the transportation or
<br />distribution of electric energy, petroleum and its products,
<br />ammonia, and water, and for incidental purposes, including
<br />access to protect such works from all hazards in, upon, and
<br />over said vacated street and alley.
<br />
<br /> 2. The Clerk of the Council is hereby directed to
<br />cause a certified copy hereof, attested by her under seal, to
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