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