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
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<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
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<br /> WHEREAS, in taking such action, this Council reserved the
<br />following public service easement:
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<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;
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<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public service easement has been superseded by relocation and there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.
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