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<br />I. This Council finds from all the evidence submitted that said portion of the street
<br />is unnecessary for present or prospective public use, based upon the following
<br />findings of fact:
<br />
<br />a. Said portion of said street is not necessary to provide access to abutting
<br />property owners; and
<br />b. Said portion of said street is unnecessary for present or prospective public
<br />use.
<br />
<br />J. Pursuant to the provisions of section 892 of the Streets and Highway Code of
<br />the State of California, the City Council does hereby find and determine that
<br />neither said street nor any part thereof is useful as non motorized transportation
<br />facilities, as defined in section 887 of said Code.
<br />
<br />Section 2 This Council does hereby order that that portion of Broadway Place
<br />and Broadway west of Main Street as shown on the map labeled Exhibit A and B
<br />attached hereto and made a part hereof by this reference, be, and the same is, hereby
<br />vacated.
<br />
<br />Section 3 Pursuant to section 8340 of the California Streets and Highways
<br />Code, the City Council reserves and excepts from the above vacation an easement and
<br />right at 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, pursuant to
<br />any 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 Broadway Place and Broadway west of Main Street hereby vacated. The City
<br />Council also reserves and excepts from the above vacation easements for the City's
<br />storm drain facilities and the Orange County Sanitation District sewer trunk facilities.
<br />Moreover, if there are any in-place public utility facilities that are in use, the City Council
<br />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 />Section 4 In accordance with the California Environmental Quality Act, the
<br />proposed project is exempt from further review. Categorical Exemption Environmental
<br />Review No. 2003-260 will be filed for this report.
<br />
<br />Section 5 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 Orange
<br />County.
<br />
<br />Section 6 Said portion of the street shall not be deemed vacated until this
<br />resolution is recorded.
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<br />75A-5
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