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<br /> PAGE TWO
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<br /> WHEREAS, this Council finds from all the evidence
<br />submitted that the said streets and alleys are unnecessary for
<br />present or prospective public use, based upon the following
<br />findings of fact:
<br />
<br /> 1. Said street and alleys are not necessary to provide
<br />access to abutting property owners.
<br />
<br /> 2. Said street and alleys are not necessary or convenient
<br />for servicing the flow of traffic.
<br />
<br /> WHEREAS, if and to the extent there are in-place public
<br />utility easements that are in use in that portion of Van Ness
<br />Street and in those alleys which are to be vacated hereunder, the
<br />city Council finds and determines that the public convenience and
<br />necessity require that those public utility facilities be removed
<br />from the said street and alley areas.
<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 streets
<br />nor alleys nor part thereof, are useful as nonmotorized
<br />transportation facilities, as defined in § 156 of said Code;
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AS FOLLOWS:
<br />
<br /> 1. This Council does hereby order that Parton and Ross
<br />Streets between Walnut and First Streets, more specifically
<br />described in "Exhibit A" attached hereto and made a part hereof by
<br />this reference, be, and the same are, hereby vacated, reserving and
<br />excepting from the vacation the easement and right at any time, or
<br />from time to time, to construct, maintain, operate, replace,
<br />remove, and renew sanitary sewers and storm drains and appurtenant
<br />structures in, upon, over, and across said vacated street and,
<br />pursuant to any existing franchise or renewals thereof, or
<br />otherwise, to construct, maintain, operate, replace, remove, renew,
<br />and enlarge lines of pipe, conduits, cables, wires, poles, and
<br />other convenient structures, equipment, and fixtures for the
<br />operation of gas pipelines, telegraphic and telephone lines,
<br />railroad lines, and for the transportation or distribution of
<br />electric energy, petroleum and its products, anumonia, and water,
<br />and for incidental purposes, including access to protect such works
<br />from all hazards in, upon, and over said vacated street.
<br />
<br /> 2. This Council does further order that Van Ness Street
<br />between Walnut and First Streets, a north-south alley east of Ross
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