RES-10921 Vacating The Public Service EasementRESOLUTION NO. 10921
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING THE
PUBLIC SERVICE EASEMENT (SLOPE EASEMENT)
ALONG EASTERLY BOUNDARY OF THE PROPERTY
AT 715 NORTH MALLARD STREET WHICH IS NO
LONGER NEEDED BY THE CITY.
WHEREAS, pursuant to Streets and Highways Code Section 8333, the City may
summarily vacate a public service easement (slope easement) if the easement has not been used
for the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation.
WHEREAS, the City Council of the City of Orange now hereby finds and determines
that that the public service easement (slope easement) is no longer required for City purposes and
has not been used for the purpose for which it was dedicated or acquired for five consecutive
years immediately preceding the proposed vacation, as described as Easement 1 on the map
attached hereto as Exhibit A; and
WHEREAS, the City Council finds and determines, based upon the existing uses of the
subject real property, that the proposed vacation of the public service easement (slope easement)
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.
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 public service easement (slope easement) along the
westerly side of the City Drive is no longer required for City purposes and has not been used for
the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation as described as Easement 1, and shown on the map attached as
Exhibit A hereto, 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 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 4. From and after the date a certified copy of this Resolution is recorded in
the Official Records, the public service easement (slope easement) along the easterly boundary of
715 North Mallard Street and has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately proceeding the proposed vacation as described
as Easement 1 on the map attached as Exhibit A hereto, is hereby vacated effective upon
recordation of this Resolution in the Official Records of the County of Orange, State of
California (the "Official Records ") shall no longer constitute an easement for public service
purposes (slope easement).
ADOPTED this 9 day of February, 2016.
ATTEST:
Mary E. hy, City Clerk Orange
Teresa 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 9th day of February, 2016, by the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. Mur ity Clerk, C range
Reso. No. 10921 2
EXHIBIT A
CITY OF ORANGE
LOT LINE ADJUSTMENT
LLA 2015 • S
SITE PLAN)
OWNER OF PROPERTY PROPOSED PARCEL.
GABRIELA G. RODRIGUEZ, TRUSTEE OF THE PARCEL A
333 IRREVOCABLE TRUST DATED JANUARY 28,
2014
EASEMENTS
ABU
1Q SLOPE EASEMENT FOR CITY OF ORANGE GROSS 15442 SFREC. MAY 6, 1963 IN BOOK 6536 PG 752 O.R.
NET 12359 SFItANEASEMENTFORPOLELINESCONDUITS
REC. MARCH 21, 1963 IN BOOK 6556 PAGE 714 O.R.
AN EASEMENT FOR POLE LINES CONDUITS
REC. JULY 10, 1963 IN BOOK 6624 PAGE 901 O.R.1
DRAINAGE EASEMENT PER TR NO. 4980 I N89'1 8'38"E 78.66'
REC. MAY 10, 1963 IN BOOK 178 PAGES 32 -33 MM
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