RES-10894 Vacating Public Service EasementRESOLUTION NO. 10894
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SUMMARILY VACATING
THE PUBLIC SERVICE EASEMENT (SLOPE
EASEMENT) ALONG WESTERLY SIDE OF THE
CITY DRIVE BETWEEN THE 22 FREEWAY AND
PARK CENTRAL AVENUE 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 in a legal
description as Exhibit A and shown on the map attached hereto as Exhibit B ; 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, BE IT RESOLVED by the City Council of the City of
Orange 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 in Exhibit A , and shown on the map attached as
Exhibit B 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 westerly side
of The City Drive 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
in Exhibit A , and shown on the map attached as Exhibit B 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 10 day of November, 2015
Teres E. Smith, Mayor, City of Orange
ATTEST:
Mary E. rph , ity Clerk, City o nge
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 10 of November, 2015, by the
following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. , ity Clerk, Cit Orange
Resolution No. 10894 2 W W W
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO LOS BOLSAS, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51. PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 29 OF TRACT NO. 9521, AS SHOWN ON A MAP
RECORDED IN BOOK 415, PAGES 41 TO 44 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 68°
05' 11" EAST 137.00 FEET; THENCE SOUTH 26° 58' 10" EAST 90.40 FEET; THENCE SOUTH 14° 08 WEST
127.03 FEET; THENCE SOUTH 68° 05' 11" EAST 34.73 FEET TO THE WESTERLY LINE OF THE CITY DRIVE
FORMERLY MANCHESTER AVENUE) BEING 50.00 FEET PARALLEL WITH AND NORTHWESTERLY OF THE
EXISTING CENTERLINE OF THE CITY DRIVE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 21 ° 54'
49" WEST 112.76 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 68° 08' 15" WEST 201.70 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
247.58 FEET; THENCE ALONG SAID CURVE 55.76 FEET THROUGH A CENTRAL ANGLE OF 12° 54 TO A
POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 34° 45'58" WEST; THENCE NORTH
21 54'49" EAST 292.04 FEET TO THE POINT OF BEGINNING.
APN: 231 -303 -18
EXHIBIT B
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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
111111 1III1111111111111111111111111111111111111111111111 I1111111 NO FEE
2015000625869 9:49
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am612/10/15
105 415 R28 5
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SPACE ABOVE FOR RECORDER'S USE)
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RESOLUTION NO. 10894
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SUMMARILY VACATING
THE PUBLIC SERVICE EASEMENT (SLOPE
EASEMENT) ALONG WESTERLY SIDE OF THE
CITY DRIVE BETWEEN THE 22 FREEWAY AND
PARK CENTRAL AVENUE WHICH IS NO LONGER
NEEDED BY THE CITY.
71 I W #' k5 - f,6