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
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t, T RACT
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1.295 AC.
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1.77'
POR. LOT 46
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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'
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PAR. 3 I I so!
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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