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<br />G. This Council finds from all the evidence submitted that said portions of the
<br />streets are unnecessary for present or prospective public use, based upon
<br />the following findings of fact:
<br />
<br />1. Said portions of said streets are not necessary to provide access to
<br />abutting property owners; and
<br />
<br />2. Said portions of said streets are unnecessary for present or
<br />prospective public use.
<br />
<br />H. Pursuant to the provisions of section 892 of the Streets and Highway
<br />Code of the State of California, the City Council does hereby find and
<br />determine that neither said portions of the streets nor any part thereof are
<br />useful as nonmotorized transportation facilities, as defined in section 887
<br />of said Code.
<br />
<br />I. In accordance with the California Environmental Quality Act, the proposed
<br />project is exempt from further review per California Code of Regulations
<br />Title 14, section 15315. Categorical Exemption Environmental Review
<br />No. 2007-63 will be filed for this report.
<br />
<br />Section 2. This Council does hereby order that that portion at the northeast
<br />corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue as shown
<br />on the legal description and map labeled Exhibit A and S, respectively, attached hereto
<br />and made a part hereof by this reference, be, and the same is, hereby vacated.
<br />
<br />A. Pursuant to section 8340 of the California Streets and Highways Code, the
<br />City Council reserves and excepts from the above vacation an easement
<br />and right at any time, or from time to time, to construct, maintain, operate,
<br />replace, remove, and renew sanitary sewers and storm drains and
<br />appurtenant structures, and, pursuant to any existing franchise or renewals
<br />thereof, or otherwise, to construct, maintain, operate, replace, remove,
<br />renew and enlarge lines of pipe, conduits, cables, wires, poles, and other
<br />convenient structures, equipment, and fixtures for the operation of gas
<br />pipelines, telegraphic and telephone line, railroad lines, and for the
<br />transportation or distribution of electric energy, petroleum and its products,
<br />ammonia, and water, and for incidental purposes, including access to
<br />protect these works from all hazards in, upon, and over the area of Grand
<br />Avenue hereby vacated. The City Council also reserves and excepts from
<br />the above vacation an easement for future street or highway purposes.
<br />Moreover, if there are any in-place public utility facilities that are in use, the
<br />City Council reserves and excepts from the above vacation an easement
<br />and right necessary to maintain, operate, replace, remove or renew the
<br />public utility facilities.
<br />
<br />Section 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 Orange
<br />County.
<br />
<br />Resolution No. 2007-082
<br />Page 2 of 5
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