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KO 7/10/07 RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY VACATION OF 600 SQUARE FOOT IRREGULAR SHAPED PORTION OF EXCESS RIGHT-OF-WAY ON THE EAST SIDE OF TUSTIN AVENUE BETWEEN TUSTIN CENTRE AND 17T" STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A. The City of Santa Ana intends to vacate a 600 square foot irregular shaped portion of excess right-of-way on the east side of Tustin Avenue between Tustin Centre and 17th Street pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California. B. The vacation of Tustin Avenue is a summary vacation because the street lies within property under one ownership pursuant to the provisions of section 8334 of the Streets and Highway Code of the State of California. All property adjacent to said street is owned in fee by Muller Company. Also, the strip of Tustin Avenue to be vacated has not been utilized for over five years. C. The portion of the east side of Tustin Avenue to be vacated is not necessary for traffic and/or pedestrian circulation. D. There are no existing overhead or underground utilities within the proposed vacated area and it is unnecessary to reserve an easement for public service purposes or for future street or alley purposes. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2007-104 will be filed for this project. Section 2. The City Council of the City of Santa Ana hereby approves the summary vacation of the 600 square foot irregular shaped portion of excess right-of-way of Tustin Avenue, as more particularly described in Exhibit 1 hereto, which is incorporated herein by reference. Resolution No. 2007-XXX Page 1 of 2 12A-5