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RESOLUTION 93-016
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<br />portion nor part thereof, is useful as a nonmotorized
<br />transportation facility, as defined in S 156 of said Code; and
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<br /> WHEREAS, pursuant to the provisions of § 8340(c) of the
<br />said Streets and Highways Code, the City Council does hereby find
<br />and determine that there are in-place utility facilities that are
<br />in use in said street portion, and that easements will hereby be
<br />reserved for said facilities.
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<br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AS FOLLOWS:
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<br /> 1. That this Council does hereby order that a portion of
<br />Auto Mall Drive east of Ritchey Street, described in "Exhibit A"
<br />attached hereto and made a part hereof by this reference, be, and
<br />the same is, hereby vacated, reserving and excepting from said
<br />vacation the public service easements set forth hereinbelow.
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<br /> 2. Reserved and excepted from the abovesaid vacation is the
<br />easement and right at any time, or from time to time, to construct,
<br />maintain, operate,replace, remove, and renew sanitary sewers and
<br />storm drains and appurtenant structures, and, pursuant to any
<br />existing franchise or renewals thereof, or otherwise, to construct,
<br />maintain, operate, replace, remove, renew and enlarge lines of
<br />pipe, conduits, cables, wires, poles, and other convenient
<br />structures, equipment, and fixtures for the operation of gas
<br />pipelines, telegraphic and telephone line, railroad lines, and for
<br />the transportation or distribution of electric energy, petroleum
<br />and its products, ammonia, and water, and for incidental purposes,
<br />including access to protect such works from all hazards in, upon,
<br />and over the area of Auto Mall Drive hereby vacated.
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<br /> 3. The Clerk of the Council is hereby directed to cause a
<br />certified copy hereof, attested by her under seal, to be recorded
<br />in the office of the Recorder of Orange County at such time as the
<br />Executive Director of the Community Redevelopment Agency provides
<br />the Clerk of the Council with written notification that the
<br />following conditions have been satisfied:
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<br />ae
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<br />The Santa Ana Auto Mall Dealers Association shall have
<br />executed and delivered to the City a duly executed offer
<br />of dedication for street purposes of the land described
<br />in Exhibit A in accordance with section 7050 of the
<br />Government Code of the State of California.
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<br />The Santa Ana Auto Mall Dealers Association shall have
<br />entered into an agreement with the City of Santa Ana for
<br />the maintenance of a gate to be constructed in the land
<br />described in Exhibit A.
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<br /> 4. The abovesaid street portion shall not be deemed vacated
<br />until this resolution is recorded.
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