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RES-10979 Vacating Portion of Chapman AvenueRESOLUTION NO. 10979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING A PORTION OF CHAPMAN 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 that the street easement on the south side of Chapman Avenue, east of Lewis Street, as depicted on the map attached hereto as Exhibit A and more particularly described as Assessor's Parcel No. 231- 061 -04 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, the City Council resolves, 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 street easement on the south side of Chapman Avenue as generally depicted on the map attached as Exhibit A and more particularly described as Assessor's Parcel No. 231- 061 -04, 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 excepts 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 street easement on the south side of Chapman Avenue generally depicted on the map attached hereto as Exhibit A and more particularly described as Assessor's Parcel No. 231- 061 -04 shall no longer constitute a public street. ADOPTED the 11th day of October 2016. ATTEST: Mary E. rph Pity Clerk, City o nge e esa E. Smith, Mayor, City of Orange I, MARY E. MURPHY, City 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 thereof held on the 11th day of October 2016, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None E6c-, Mary E. Xfu ity Clerk, Cit Orange Resolution No. 10979 2 EXHIBIT A 231 -0( STREET EASEMENT MANCH ESTER TO BE VACATED AVENUE Li L s cHAPMAN Lo o8 c f t, T RACT 424.94 1 80 3Etd 64' h w 4321 24l9. 4 ¢ I P. m. 284 - 22 PAR. 3 PAR. 2 PAR. pr 54 Q 5.778 AC_ 2. 1.295 AC. n I 3 Q r 4.215 AC. n 10' I 2 .1 P. M. 65 - 20 ,, = r0 P.M 148 -22 ? i s J ' L0 11 ; • ' LOT 12 u — I WES T 200 - 1 - A4 K 14.05 Sa S 26456 .1stea .e,' b 26.40' 39.65 ta.35' 70'10' am L 1.24' PM. 284 -22 I 14.62' 0 14.41' P m 18. S10' t.se' s.ao• 2.75' 1.77' POR. LOT 46 4 i.ss' 1 q jjIll tr 10 69 a t.tt' 32.88 • 2.LOT 18 P. M.40 35 m x. I: Ss' S0 . 4' '?a x.5P. M. 157J M z4.zr 4.916 AC. / 23.07' 407' 1 2.12' V I ° 1 t. \ PAR. 3 I I so! Cs7 16881 AC N P. N. 240 -39 = 4g tt .Old j c•i i °s.to' n ` O.88 AC. 245.46' 13747- o v . 56 4 Z 13y i 659 AC I 2o+.ao' I I 08 41 I POR. tar 22 '4{ I I TRACT POR. L 0T 28 DAWN TRACT M. M. 8 - 59 y TRACT NA. 3414 M.M. 249-11 tO 13 PARCEL MAP P.M. 65-20, 74- PARCEL MAP P.M. 172 -40= 24 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103 and 27383 And Per Street and Highway Code 8325 Recording requested by and when recorded return to: City Clerk City of Orange 300 East Chapman Avenue Orange, CA 92866 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 1 1111111 111111 NO FEE R 0 0 0 8 7 7 9 3 6 1$* 201600051183411:12 am 10/19/16 62 417 R28 6 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 SPACE ABOVE FOR RECORDER'S USE) RESOLUTION NO. 10979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING A PORTION OF CHAPMAN AVENUE AS EXCESS STREET RIGHT OF WAY THAT IS NO LONGER NEEDED FOR STREET PURPOSES. Ulfi`( CITE' OF ORANGE CITY CLERK (714) 744 -5500 0 FAX: (714) 744 -5515 www.cityoforange.org STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ORANGE ) I, ROBERT ZORNADO, Chief Clerk of the City of Orange, California, DO HEREBY CERTIFY that the attached Resolution No.10979 adopted on October 11, 2016, is a true and correct copy of the original as it appears on file in the City Clerk's Department. WITNESS my hand and seal this 18th day of October 2016. SEAL) Chief Cler of the City of Orange ORANGE CIVIC CENTER 300 E. CHAPMAN AVENUE ORANGE, CA 92866 -1591 PRINTED ON RECYCLED PAPER