single abutting property owner who has reimbursed the City for -
<br />improvements thereon; and
<br />
<br />Said portion of said street is not necessary or convenient for
<br />servicing the flow of traffic.
<br />
<br />Pursuant to the provisions of section 892 of the Streets and Highway Code
<br />of the State of California, the City Council does hereby find and determine
<br />that neither said street nor any part thereof is useful as nonmotorized
<br />transportation facilities, as defined in section 887 of said Code;
<br />
<br /> 2. This Council does hereby order that that portion of Walnut Street located
<br />between Minnie Street and the Santa Fe Railroad, as shown on the map labeled Exhibit
<br />1 attached hereto and made a part hereof by this reference, be, and the same is, hereby
<br />vacated.
<br />
<br /> 3. Pursuant to section 8340 of the California Streets and Highways Code, the
<br />City Council reserves and excepts from the above vacation an easement and right at any
<br />time, or from time to time, to construct, maintain, operate, replace, remove, and renew
<br />sanitary sewers and storm drains and appurtenant structures, and, pursuant to any
<br />existing franchise or renewals thereof, or otherwise, to construct, maintain, operate,
<br />replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and
<br />other convenient structures, equipment, and fixtures for the operation of gas pipelines,
<br />telegraphic and telephone line, railroad lines, and for the transportation or distribution of
<br />electdc energy, petroleum and its products, ammonia, and water, and for incidental
<br />purposes, including access to protect these works from all hazards in, upon, and over the
<br />area of Walnut Street hereby vacated. The City Council also reserves and excepts from
<br />the above vacation an easement for future street or highway purposes. Moreover, if there
<br />are any in-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, operate,
<br />replace, remove or renew the public utility facilities.
<br />
<br /> 4. In accordance with the California Environmental Quality Act, the proposed
<br />project is exempt from further review. Categorical Exemption Environmental Review
<br />No. 02-307 will be filed for this report.
<br />
<br /> 5. 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.
<br />
<br /> 6. Said portion of the street shall not be deemed vacated until this resolution is
<br />recorded.
<br />
<br />ADOPTED this 18~h day of November , 2002.
<br />
<br />Resolution No. 2002-097
<br />Page 2 of 4
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