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62 <br /> <br />transportation facilities, as defined in section 887 of said Code; <br /> <br /> WHEREAS, this Council finds and determines that a remnant portion of <br />the property being vacated has real value only to the adjacent property owner <br />and could be used by other persons only for the purpose of nuisance to such <br />property owners of adjoining or abutting property. <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 the alley north of the <br />McFadden couplet and between Main Street and Cypress Avenue, more <br />specifically described in "Exhibit 1" attached hereto and made a part hereof by <br />this reference, be, and the same are, hereby vacated. <br /> <br /> 2. Pursuant to §8340 of the Streets and Highways Code, the City <br />Council reserves and excepts from the above vacation an easement and right at <br />any time, or from time to time, to construct, maintain, operate, replace, remove, <br />and renew sanitary sewers and storm drains and appurtenant structures, and, <br />pursuant to any existing franchise or renewals thereof, or otherwise, to <br />construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, <br />conduits, cables, wires, poles, and other convenient structures, equipment, and <br />fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad <br />lines, and for the transportation or distribution of electric energy, petroleum and <br />its products, ammonia, and water, and for incidental purposes, including access <br />to protect these works from all hazards in, upon, and over the areas hereby <br />vacated. The City Council also reserves and excepts from the above vacation an <br />easement for future street or highway purposes. Moreover, if there are any in- <br />place public utility facilities that are in use, the City Council reserves and <br />excepts from the above vacation an easement and right necessary to maintain, <br />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 <br />hereof, attested by her under seal, to be recorded in the office of the Recorder of <br />Orange County. <br /> <br /> 4. The abovesaid alley shall not be deemed vacated until this <br />resolution is recorded. Closure of the abovesaid alley to vehicular traffic, as <br />appropriate to allow for the construction of the abovesaid public improvements <br />prior to recordation of this resolution, is hereby approved pursuant to section <br />21101 of the California Vehicle Code. <br /> <br /> 5. The Mayor is authorized to execute a sale agreement, if applicable, <br />and deed to the owner of the property adjacent to the remnant land being offered <br />for sale, more particularly depicted in Exhibit ~2" attached hereto and <br /> <br />2 <br /> <br /> <br />