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Iss12/09/09 <br /> RESOLUTION NO. 2009- <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br /> OF SANTA ANA APPROVING THE SUMMARY <br /> VACATION OF SUGAR AVENUE PUBLIC SERVICE <br /> EASEMENT ON THE EAST SIDE OF SUSAN STREET <br /> AND NORTH OF MCFADDEN AVENUE <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br /> FOLLOWS: <br /> Section 1. The City Council of the City of Santa Ana hereby finds <br /> determines and declares as follows: <br /> A. The City of Santa Ana intends to vacate a 20-foot public service easement <br /> on the east side of Susan Street and north of McFadden, bordering 629 <br /> South Susan Street pursuant to and in accordance with the provisions of <br /> Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the <br /> State of California. <br /> B. The summary vacation of this easement is appropriate because the <br /> easement has not been used for the purpose for which it was dedicated <br /> for at least five consecutive years, pursuant to the provisions of California <br /> Streets and Highways Code § 8333. The easement was reserved in favor <br /> of Stearns Rancho Company in 1905 and has not been utilized for roads, <br /> railroads or drainage ditches since it was transferred to the City of Santa <br /> Ana in 1959. <br /> C. There are no existing overhead or underground utilities within the <br /> proposed vacated area and it is unnecessary to reserve an easement for <br /> public service purposes. <br /> D. In accordance with the California Environmental Quality Act, the proposed <br /> project is exempt from further review. Categorical Exemption ER No. <br /> 2009-158 will be filed for this project. <br /> Section 2. The City Council of the City of Santa Ana hereby approves the <br /> summary vacation of the 1616 square foot public service easement, as legally <br /> described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated <br /> herein by reference. <br /> Section 3. The City Council of the City of Santa Ana hereby directs the Clerk <br /> of the Council to prepare a certified copy of this Resolution, and the Executive Director <br /> of Public Works, or his designated representative, to record the certified copy in the <br /> <br /> office of the Orange County Recorder. <br /> 55A-5 <br /> <br />