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EXHIBIT 5 <br /> RESOLUTION NO. 2024-XXX <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA SUMMARILY VACATING A PORTION OF A <br /> PUBLIC RIGHT-OF-WAY ADJACENT TO 1601 AND 1607 <br /> NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02) <br /> WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 <br /> et seq. provides for summary vacation of streets and public service easements; and <br /> WHEREAS, California Streets and Highways Code sections 8333 and 8334 <br /> authorizes the City Council to summarily vacate: (1) an excess right-of-way of a street or <br /> highway not required for street or highway purposes; (2) an easement that has not been <br /> used for the purpose for which it was dedicated or acquired for five consecutive years <br /> immediately preceding the proposed vacation; and (3) an easement that has been <br /> determined to be excess by the easement holder, and there are no other public facilities <br /> located within the easement; and <br /> WHEREAS, following an earlier finding of conformity with the City's General Plan <br /> by the Planning Commission, as reported by the Planning Commission and required under <br /> California Government Code section 65042(a); the City desires to vacate a 392 square- <br /> foot portion of Bristol Street, as shown on Exhibit A ("Vacation Area"), and <br /> WHEREAS, the properties at 1601 and 1607 North Bristol Street were acquired for <br /> the purposes of widening and improving Bristol Street; and <br /> WHEREAS, the City designated portions of 1601 and 1607 North Bristol Street, <br /> including the Vacation Area, as public street right of way through recordation of a grant <br /> deed-land <br /> WHEREAS, the Vacation Area is situated outside the limits of the Bristol Street <br /> improvements; and <br /> WHEREAS; the Vacation Area constitutes an excess right-of-way not required for <br /> street purposes; and <br /> WHEREAS, the Vacation Area has not been used for the purpose for which it <br /> was dedicated or acquired for five consecutive years immediately preceding this <br /> vacation; and <br /> WHERAS, the Vacation Area has been determined to be excess by the City, and <br /> there are no other public facilities located within the Vacation Area; and <br /> WHEREAS, the Vacation Area could potentially be incorporated into the adjacent <br /> private property site to facilitate a more efficient development; and <br /> Resolution No. 2023-XXX <br /> City Council 25 — 11 7/16/ 4 1 °f 4 <br />