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G. This Council finds from all the evidence submitted that said portions
<br />of the street are unnecessary for present or prospective public use.
<br />H. Pursuant to the provisions of section 892 of the Streets and
<br />Highways Code of the State of California, the City Council does
<br />hereby find and determine that neither said portions of the street
<br />nor any part thereof are useful as nonmotorized transportation
<br />facilities, as defined in section 887 of said Code.
<br />In accordance with the California Environmental Quality Act, the
<br />proposed project is exempt from further review per California Code
<br />of Regulations Title 14, section 15315. Categorical Exemption
<br />Environmental Review No. 2011 -16 will be filed for this report.
<br />Section 2. This Council does hereby order that the portion of the street
<br />at 1114 South Cypress Avenue, as shown on the map labeled Exhibit 1, and more
<br />fully described in Exhibit A, attached hereto and made a part hereof by this
<br />reference, be, and the same is hereby vacated.
<br />Section3. Pursuant to section 8340 of the California Streets and
<br />Highways Code, the City Council reserves and excepts from the above vacation an
<br />easement and right at any time, or from time to time, to construct, maintain,
<br />operate, replace, remove, and renew sanitary sewers and storm drains and
<br />appurtenant structures in, upon, over and across the vacated portions of 1114
<br />South Cypress Street, and, pursuant to any existing franchise or renewals thereof,
<br />or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge
<br />lines of pipe, conduits, cables, wires, poles, and other convenient structures,
<br />equipment, and fixtures for the operation of gas pipelines, telegraphic and
<br />telephone lines, railroad lines, and for the transportation or distribution of electric
<br />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
<br />over the area of 1114 South Cypress Street hereby vacated.
<br />Section 4. The Clerk of the Council is hereby directed to cause a certified
<br />copy hereof, attested by her under seal, to be recorded in the office of the Recorder
<br />of Orange County.
<br />Section 5. Said portions of the streets shall not be deemed vacated until
<br />this resolution is recorded.
<br />Resolution 2011 -
<br />Page 2 of 3
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