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Section 4. The Vacation Area described in Exhibit A is hereby ordered
<br />vacated, upon satisfaction of the following condition:
<br />A. SAUSD shall execute and provide to the City an easement deed and
<br />agreement in a form approved by the City Attorney for the New Street Easement
<br />Area described in Exhibit B.
<br />B. Upon satisfactory completion of the above condition, the City Engineer
<br />shall advise the City Clerk that the vacation is therefore effective and may be
<br />recorded.
<br />Section 5. The City Clerk is hereby directed to cause a certified copy hereof,
<br />attested under seal, to be recorded in the Office of the Recorder of Orange County.
<br />Said recordation shall occur after the conditions in Section 4 of this resolution have
<br />been completed to the satisfaction of the City Engineer.
<br />Section 6. The Vacation Area shall not be deemed vacated until this Resolution
<br />is recorded.
<br />Section 7. From and after the date of recordation of this resolution, the Vacation
<br />Area will no longer constitute a street easement.
<br />Section 8. Except for the reservation of the easement described in Sections 9
<br />and 10, the Vacation Area as shown on Exhibit A is hereby vacated pursuant to Chapter
<br />4 of Part 3 of Division 9 of the streets and Highways Code.
<br />Section 9. The City hereby reserves and excepts from vacation, pursuant to
<br />section 8340 of California Streets and Highways Code, the easement described
<br />specifically in Exhibit B, and reserves the right at any time, or from time to time, to
<br />construct, maintain, operate, replace, remove, and renew sanitary sewers and storm
<br />drains and appurtenant structures in, upon, over, and across a street or highway
<br />proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or
<br />otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of
<br />pipe, conduits, cables, wires, pole, and other convenient structures, equipment, and
<br />fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines,
<br />and for the transportation or distribution of electric energy, petroleum and its products,
<br />ammonia, and water, and incidental purposes, including access to protect these works
<br />from all hazards in, upon, and over the street or highway proposed to be vacated.
<br />Section 10. The City hereby reserves and excepts from vacation, pursuant to
<br />section 8340 of California Streets and Highways Code, a non-exclusive easement for
<br />Southern California Gas Company (SCG), to excavate for, lay, construct, reconstruct,
<br />relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the
<br />size of, add to, or remove from time to time, as SCG deems necessary, one or more
<br />pipelines and conduits, together with devices for metering, measuring, regulating,
<br />cathodic protection, communications and other appurtenances in, upon, over, and
<br />across that portion of Cubbon Street to be vacated as shown on Exhibit A described as:
<br />a five-foot (5) wide strip of land centered on the existing 1" underground natural gas
<br />Resolution No. 2025-001
<br />3of15
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