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RESOLUTION NO.2025-001 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA RESCINDING RESOLUTION NO. 94-031, <br />AND VACATING PORTIONS OF CUBBON STREET, <br />HESPERIAN STREET, AND A PUBLIC ALLEY WITHIN <br />MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL AT <br />1001 GRAHAM LANE, (ABANDONMENT NO. 2024-03) <br />WHEREAS, Chapter 4 of the California Streets and Highways Code section <br />8330 et seq. provides for summary vacation of streets and public service easements; <br />and <br />WHEREAS, on June 20, 1994, the City Council adopted Resolution No. 94-031, <br />which aimed to vacate portions of Cubbon Street, Hesperian Street, and an alley west <br />of Bristol Street at the request of the Santa Ana Unified School District (SAUSD) to <br />allow for the construction of Martin Luther King, Jr. King Elementary School; and <br />WHEREAS, as allowed by Resolution No. 94-031, SAUSD closed portions of <br />Cubbon Street, Hesperian Street, and the alley to the public, and constructed public <br />school facilities within and adjacent to the street rights of way, however the resolution <br />was not recorded, and therefore the vacation was not effectuated, leaving these portions <br />of land as public rights -of -way; and <br />WHEREAS, to accommodate the street and alley closures, SAUSD constructed <br />and opened to the public re -aligned streets and alley improvements, however SAUSD <br />did not convey rights of way for the re -aligned streets and alley improvements to the City <br />of Santa Ana, leaving portions of land used by the public as private property; and <br />WHEREAS, subsequent review revealed that certain boundaries and legal <br />descriptions of the intended vacated areas as specified in the original resolution are <br />inconsistent with the constructed improvements; and <br />WHEREAS, to align the City's right-of-way boundaries with current street <br />improvements, the City Council finds it necessary to rescind Resolution No. 94-031 and <br />adopt the current Resolution to vacate specific portions of Cubbon Street, Hesperian <br />Street, and an adjacent alley totaling 34,778 square feet as shown on Exhibit A <br />("Vacation Area"); and <br />WHEREAS, the SAUSD Board of Education met on December 17, 2024, to <br />adopt a resolution to declare its intention to grant the easement and set a public hearing <br />for January 28, 2025, in order to authorize execution of an easement deed and <br />agreement to convey public street easement rights to City over the Cubbon Street cul <br />de sac bulb, and connecting alley totaling 12,073 square feet as shown on Exhibit B <br />("New Street Easement Area") <br />Resolution No. 2025-001 <br />1 of 15 <br />