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RESOLUTION NO. 95- 056 REL: 8/4/95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF POINSETTIA STREET AND VALENCIA AVENUE NORTH OF SEVENTEENTH STREET WHEREAS, this Council heretofore adopted on July 17, 1995, Resolution No. 95-030, wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, portions of Poinsettia Street and Valencia Avenue north of Seventeenth Street. WHEREAS, said Resolution gave notice that on August 21, 1995, at 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers of the city of Santa Aha, 20 Civic Center Plaza, Santa Ana, California, this Council would hear any and all persons interested in or objecting to said proposed vacation of the said streets; and WHEREAS, this Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the city; and WHEREAS, this Council further finds that notices of said proposed street vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law; and WHEREAS, this Council at the time and place set for hearing as thus continued heard any and all persons interested in or objecting to said proposed vacation of said streets, and received and considered all evidence submitted; WHEREAS, this Council finds from all the evidence submitted that the said street portions described in "Exhibit A" attached hereto, are unnecessary for present or prospective public use, based upon the following findings of fact: 1. Said streets are not necessary to provide access to abutting property owners. 2. Said streets are not necessary or convenient for servicing the flow of traffic. WHEREAS, pursuant to the provisions of S 2381 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said street portions nor part thereof, are useful as a nonmotorized transportation facility, as defined in S 156 of said Code; and WHEREAS, pursuant to the provisions of ~ 8340(c) of the said Streets and Highways Code, the City Council does hereby find and determine that there are in-place utility facilities that are in use in said street portions, and that easements will hereby be reserved for said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That this Council does hereby order that those portions of Poinsettia Street and Valencia Avenue described in "Exhibit A" attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated, reserving and excepting from said vacation the public service easements set forth hereinbelow. 189