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464
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<br /> WHEREAS, this Council finds from all the evidence submitted that the said streets
<br />and alleys are unnecessary for present or prospective public use, based upon the following
<br />findings of fact:
<br />
<br />Said streets and alleys are not necessary to provide access to abutting
<br />property owners; and
<br />
<br />Said streets and alleys are not necessary or convenient for servicing the flow
<br />of traffic.
<br />
<br /> WHEREAS, pursuant to the provisions of section 892 of the Streets and Highway
<br />Code of the State of California, the City Council does hereby find and determine that
<br />neither said streets and alleys nor any part thereof is useful as nonmotorized transportation
<br />facilities, as defined in section 887 of said Code;
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br />CITY OF SANTA ANA AS FOLLOWS:
<br />
<br /> 1. This Council does hereby order that Second Street between Main and
<br />Spurgeon Streets with the exception of the area at the intersection of Second and Bush, and
<br />the southerly 100 feet of the alley connecting Second and Third streets lying between Main
<br />and Bush streets, more specifically described in "Exhibit A" attached hereto and made a
<br />part hereof by this reference, be, and the same are, hereby vacated.
<br />
<br /> 2. Pursuant to §8340 of the Streets and Highways Code, the City Council
<br />reserves and excepts from the above vacation an easement and right at any time, or from
<br />time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers
<br />and storm drams and appurtenant structures, and, pursuant to any existing franchise or
<br />renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and
<br />enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures,
<br />equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line,
<br />railroad lines, and for the transportation or distribution of electric energy, petroleum and its
<br />products, ammonia, and water, and for incidental purposes, including access to protect these
<br />works from all hazards in, upon, and over the areas hereby vacated. The City Council also
<br />reserves and excepts from the above vacation an easement for future street or highway
<br />purposes. Moreover, if there are any in-place public utility facilities that are in use, the City
<br />Council reserves and excepts from the above vacation an easement and right necessary to
<br />maintain, operate, replace, remove or renew the public utility facilities.
<br />
<br /> 3. The Clerk of the Council is hereby directed to cause a certified copy hereof,
<br />attested by her under seal, to be recorded in the office of the Recorder of Orange County.
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