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<br />b.
<br />
<br />Said portion of said street is unnecessary for present or prospective public
<br />use.
<br />
<br />--
<br />
<br />G. 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 that neither
<br />said street nor any part thereof is useful as nonmotorized transportation facilities, as
<br />defined in section 887 of said Code;
<br />
<br />2. This Council does hereby order that that portion of the east sidewalk on
<br />Sycamore Street between Second Street and Third Street as shown on the map labeled
<br />Exhibit 1 attached hereto and made a part hereof by this reference,be, and the same is,
<br />hereby 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 />electric 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 Sycamore Street hereby vacated. The City Council also reserves and excepts
<br />from the above vacation an easement for future street or highway purposes. Moreover, if
<br />there 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 />.....,1
<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. 04-80 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 sidewalk shall not be deemed vacated until this
<br />resolution is recorded. This resolution shall not be recorded until security is provided by
<br />the developer of the adjacent parcel to the satisfaction of the City Attorney and the City
<br />Engineer to cover the costs associated with the street reconstruction.
<br />
<br />ADOPTED this ~ day of August, 200
<br />
<br />
<br />'....."",.,~
<br />
<br />Resolution No. 2004-059
<br />Page 2 of 4
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