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353 <br /> <br />Recording Requested by <br />and when Recorded Mail to: <br /> Clerk of the Council <br /> City of Santa Ana <br /> 20 civic Center Plaza <br /> Santa Ana, CA 92701 <br /> <br />RESOLUTION N0.90-092 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA SUMMARILY <br />VACATING EXCESS RIGHT-OF-WAY LOCATED <br />ON THE NORTHEAST CORNER OF FIFTH <br />STREET AND BROADWAY AND THE <br />NORTHWEST CORNER OF FIFTH STREET AND <br />SYCAMORE STREET <br /> <br /> WHEREAS, this Council finds and determines that certain <br />portions of the northeast corner of Fifth Street and Broadway and <br />the northwest corner of Fifth Street and Sycamore Street, more <br />particularly described in Exhibit A, attached hereto and <br />incorporated herein, are excess right-of-way street portions which <br />are not required for street purposes for the following reason: <br /> <br /> (a) Those portions of the right-of-way hereby vacated <br />are occupied by a building. <br /> <br /> (b) In the absence of this excess right-of-way vacation, <br />the building would continue to encroach very slightly into the <br />right-of-way at ground level at the northeast corner of Fifth <br />Street and Broadway, and to encroach slightly more into the <br />airspace over fourteen feet above ground level at both the <br />northeast corner of Fifth Street and Broadway and the northwest <br />corner of Fifth street and Sycamore Streets. <br /> <br /> (c) The areas to be vacated are unnecessary for the safe <br />and convenient travel of the public on the adjacent sidewalks and <br />do not serve any other public right-of-way need. <br /> <br /> WHEREAS, pursuant to the provisions of section 2381 of <br />the Streets and Highways Code of the State of California, this <br />Council does find and determine that the abovesaid street portions <br />are not useful as a nonmotorized transportation facility, as <br />defined in section 156 of said Code; and <br /> <br /> WHEREAS, this Council finds and determines that there are <br />no in-place public utility facilities in the abovesaid street <br />portions; and <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AS FOLLOWS: <br /> <br />1. Pursuant to the provisions of Chapter 4 of Part 33 of <br /> <br /> <br />