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RESOLUTION NO. 93-029 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA VACATING AN UNUSED <br />PUBLIC SERVICE EASEMENT IN A PORTION OF <br />FORMER BIRCH STREET SOUTH OF THIRD <br />STREET <br /> <br /> WHEREAS, this Council, by its Resolution No. 91-081, dated <br />August 19, 1991, vacated, as excess right-of-way, a portion of <br />Birch Street south of Third Street; and <br /> <br /> WHEREAS, in taking such action, this Council reserved the <br />following public service easement: <br /> <br />The easement and right at any time, or from time to <br />time, to construct, maintain, operate, replace, <br />remove, and renew sanitary sewers and storm drains <br />and appurtenant structures in, upon, over, and <br />across said vacated street and, pursuant to any <br />existing franchise or renewals thereof, or other- <br />wise, to construct, maintain, operate, replace, <br />remove, renew, and enlarge lines of pipe, conduits, <br />cables, wires, poles, and other convenient struc- <br />tures, equipment, and fixtures for the operation of <br />gas pipelines, telegraphic and telephone lines, <br />railroad lines, and for the transportation or dis- <br />tribution of electric energy, petroleum and its <br />products, ammonia, and water, and for incidental <br />purposes, including access to protect such works <br />from all hazards in, upon, and over said vacated <br />street; <br /> <br /> WHEREAS, this Council finds and determines that the said <br />public service easement has been superseded by relocation and there <br />are no public facilities with the said public service easement; and <br /> <br /> NOW, THEREFORE, BE IT RESOLVE 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 section 8333 thereof, the abovesaid <br />public service easement located in that portion of former Birch <br />Street south of Third Street in the city of Santa Ana speci~iSd in <br />Exhibit A, attached hereto and incorporated herein, is, under the <br />facts 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 public service easement. <br /> <br /> <br />