RES-11117 Vacating Portion of Road Easement17 ** r I" [@]ZKX1JWF991d
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF ROAD EASEMENT AT 5242 EAST
LOMITA AVENUE AS EXCESS STREET RIGHT
OF WAY THAT IS NO LONGER NEEDED FOR
STREET PURPOSES.
WHEREAS, pursuant to Streets and Highways Code Sections 8334, the City may
summarily vacate an excess street easement if the easement is no longer required for street
purposes and it lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that the
road easement on a portion of Parcel 1, of Parcel Map 82-134 and more particularly described as
Road Easement Reservation on Grant Deed recorded May 27, 1958, in Book 4297, page 381 in
Book of Miscellaneous Maps in the office of the County Recorder is no longer needed for street
purposes, lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, all existing public utility easements, if any, shall be reserved; and
WHEREAS, the City Council finds and determines, based upon the existing uses of the
subject real property, that the proposed vacation of the subject real property will not result in a
direct or reasonably foreseeable indirect physical change in the environment and is not, therefore,
subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060 of the
State CEQA Guidelines; and
WHEREAS, pursuant to Section 65402 of the California Government Code, the City
Council finds and determines that the location, purpose and extent of the proposed vacation of
the subject real property has been reported on by the Director of the Community Development
Department of the City of Orange and that said proposed vacation of the subject real property
conforms to the City's adopted general plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council on the basis of the facts
set forth in the agenda report presented to it and any testimony received at the meeting at which this
matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways
Code (commencing at Section 8330), the road easement on a portion of Parcel 1, of Parcel Map
82-134 and more particularly described as Road Easement Reservation on Grant Deed recorded
May 27, 1958, in Book 4297, page 381 in Book of Miscellaneous Maps in the office of the
County Recorder is hereby vacated effective upon recordation of this Resolution in the Official
Records of the County of Orange, State of California (the "Official Records").
Section 3. The City reserves and accepts from such vacation all existing easements
for public utility facilities purposes and any right necessary to maintain, operate, replace, remove
or renew such public utilities or other public improvements within the subject easement.
Section 4. The City Clerk is hereby authorized and directed to cause a certified copy
of this Resolution, attested by the City Clerk under seal, to be recorded without
acknowledgement, certificate of acknowledgement, or further proof in the Official Records.
Section 5. From and after the date a certified copy of this Resolution is recorded in
the Official Records, the road easement on a portion of Parcel 1, of Parcel Map 82-134 and more
particularly described as Road Easement Reservation on Grant Deed recorded May 27, 1958, in
Book 4297, page 381 in Book of Miscellaneous Maps in the office of the County Recorder shall
no longer constitute a public street.
ADOPTED this 13th day of November 2018.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
i
Robert Zo do, Chief Clerk, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, ROBERT ZORNADO, Chief Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting therefore held on the 13th day. of November 2018, by the following
vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
i
Robert Zorodo, Chief Clerk, City of Orange
Resolution No. 11117