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Law (Y
<br />.fices of
<br />KENT G. SNYDER
<br />V G. S N y D E R
<br />Ms. Sonia R, (I arvilho
<br />City ,� ttorney, City of Santa Ana
<br />"I
<br />22 Civic (,'enter Plaza
<br />San1,,i,/\na, C.'alifornia 92701
<br />A F"FORMIYA V LAW
<br />2301 DUPON"I'DRIVE. SUPT430
<br />IRVINE. C'ALIFORNIA 92612
<br />August 22, 2023
<br />(9,49 , ) 83,-3-()()-,8
<br />Fiv,.� (941)) 833-8209
<br />kc: Vacation of AflEy in Floral Park between 2383 N. Flowet- and 2379 N. Flower
<br />SLreet.,Sqntq �Ana CA
<br />De"'It. Ms, Carvalho:
<br />A"", OU knmv, t represent sorne ofthe property Owners- on North Flower Street conc,r.,rning
<br />proposed vacatioii ofa city -owned alley, which runs between Flower Street and fleliotropc
<br />1)6v", in Ward 3 of the City of Santa Ana, 1, liave now read the entire City file on this inatter,
<br />,A,,mdd like to ma]<,e the following comments and statetnents and ask that you revie,v this
<br />Z.�
<br />IcH.�r al. the appropriate finie with yom- Client:
<br />The Applicants caused the Title Report that the Applicants submitted to the City along
<br />wilh their Application, to contain a I'alse statement that, the alley iszin F"asenienT t, he
<br />alley is im an E'asement and new�erWas an Easement,, The alley \v,Is offmd tit the
<br />City for Dedicatioti for Public Use on the'Fract Map which the City accepted. and
<br />hencc% tine City owvns the alley in fee simple absolute, California law recognizes the
<br />Doctrine of'Merger. If the Ovaier ofthe f'ee also owns an Easernent, t[ie l'arsemernt is
<br />automalically extinguished by merger, Accordingly, there is not now and never vvas
<br />ct it 1:
<br />.asernent in connection with this alle,),. "HIFOUgimut the Cily (JOCUMCIVS I have
<br />l'ound rtwpeated suggestions that this is an Hasement., it is not an Easen-tent, it is a feme
<br />owned by the City dedicated Cor public use,
<br />1 %vould like yenta and your client to consider the fact thatA if pplication is
<br />'approv,ecl. it will create as dangerous traffic condition. "]'his Application will not make
<br />the area safer" if: will make the area ITI(VO pr0ne to tniffic Colli--4;ions. I'lle DonrlcHys
<br />will have to back out of their driveway cotrtco Flower Street, At th4a present time, the
<br />Donnefl) s dri've out of tile alley going forward and exit on Hefiotr(;)pe Drive, A mticl-i
<br />sates driving maneuver than backing out orno heavily trafficked l"lower Street.
<br />Likewise., the people who are USing the alley whose homes front on Heliotrope Drive
<br />
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