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D~D ,~-_ <br /> <br />RESbLUTION NO. 91- 081 <br /> <br /> 313 <br /> <br />REL: 8/9/91 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA VACATING AN EXCESS <br />RIGHT-OF-WAY PORTION OF BIRCH STREET <br />SOUTH OF THIRD STREET <br /> <br /> WHEREAS, this Council finds and determines that a certain <br />portion of Birch Street, south of Third Street, in the City of <br />Santa Ana, more specifically described hereinbelow, is unnecessary <br />for present or prospective public use, for the following reasons: <br /> <br /> (1) The said portion of Birch Street is not now used for <br />vehicular traffic and is not necessary for the smooth flow of <br />vehicular traffic; <br /> <br /> (2) The said portion of Birch Street is not necessary to <br />provide access to abutting property owners; and <br /> <br /> WHEREAS, for the above reasons, this Council further finds and <br />determines that the said portion of Birch Street is excess right- <br />of-way not required for street purposes; and <br /> <br /> WHEREAS, pursuant to the provisions of § 2381 of the Streets <br />and Highways Code of the State of California, this Council does <br />find and determine that no part of the abovesaid portion of Birch <br />Street is useful as a nonmotorized transportation facility, as <br />defined in § 156 of said Code; and <br /> <br /> WHEREAS, this Council finds and determines that there are no <br />in-place public utility facilities in the abovesaid portion of <br />Birch Street that are in use and would be affected by the vacation <br />of said portion of Birch Street; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AS FOLLOWS: <br /> <br /> 1. Pursuant to the provisions of Chapter 4 of Part 33 of <br />Division 9 of the Streets and Highways Code of the State of <br />California, and, in particular, § 8334 thereof, that portion of <br />Birch Street in the City of Santa Ana specified in Exhibit A, <br />attached hereto and incorporated herein, is, under the facts <br />hereinabove recited, hereby vacated and, from the date this <br />resolution is recorded in the office of the Recorder of Orange <br />County, shall no longer constitute a street or any portion thereof, <br />reserving and excepting from the vacation the easement and right at <br />any time, or from time to time, to construct, maintain, operate, <br />replace, remove, and renew sanitary sewers and storm drains and <br />appurtenant structures in, upon, over, and across said vacated <br />street and, pursuant to any existing franchise or renewals thereof, <br /> <br />1 <br /> <br /> <br />