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RES-10887 Vacating Alley EasementEXEMPT 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 jj III 11 jjj III III jj 1 11 1 jj 111 11I jj NO FEE R 0 0 0 7 8 9 9 7 2 0$* 201500054279011:14 am 10/16/15 63 413 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. 10887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING ALLEY EASEMENT EAST OF HIGHLAND STREET AND NORTH OF COLLINS CHANNEL AS NO LONGER NEEDED BY THE PUBLIC FOR STREET PURPOSES AND ORDERING THE VACATION THEREOF AND RESERVING ALL PUBLIC UTILITY EASEMENTS. w s4- / ¢ RESOLUTION NO. 10887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING ALLEY EASEMENT EAST OF HIGHLAND STREET AND NORTH OF COLLINS CHANNEL AS NO LONGER NEEDED BY THE PUBLIC FOR STREET PURPOSES AND ORDERING THE VACATION THEREOF AND RESERVING ALL PUBLIC UTILITY EASEMENTS. WHEREAS, pursuant to Streets and Highways Code Sections 8334 et seq., the City may summarily vacate a street easement if the street easement is not needed for public street purposes; and WHEREAS, the City Council of the City of Orange hereby finds and determines that alley easement generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A is not needed for any prospective public street purposes; and WHEREAS, the vacation of the street easements will not cut off access to any person's property, which prior to the adoption of this Resolution, had such access; and WHEREAS, all existing public utility easements 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 of the City of Orange that the City of Orange does hereby agree on the basis of 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 8334), that alley easement generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A , 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: a perpetual easement and right of way for domestic water and public utility purposes; and an easement for the right of access for the purpose of trash collection, police service, fire safety, health protection and general welfare. 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, that any and all street and alley easements generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A shall no longer constitute a public street. ADOPTED this 13 day of October 2015 Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. , City Cler , City ange I, MARY E MURHY, City Clerk of the City 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 13 day of October 2015, by the following vote: AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Murphy, Nichols NOES:COUNCIL MEMBERS:None ABSENT:COUNCIL MEMBERS:Smith ABSTAIN:COUNCIL MEMBERS:None Mary E. City C1 , City o range Reso. No. 10887 2 WWW EXHIBIT A LEGAL DESCRIPTION ALLEY VACATION) That portion of the alley lying between the easterly line of Lot A and the westerly line of Lot 23; and that portion of the alley lying south of the southerly line of Lot 23; and that portion of the alley lying east of Lots 21, 22, and 23; and south of the easterly prolongation of the most northerly line of Lot 21, all as shown on said Tract 3754, recorded December 28, 1961 in Miscellaneous Maps Book 154, Pages 30 -31, in the Office of the Recorder of the County of Orange, California. V n n y W d R d V 0 N v z O m xnUU) C) C)m rri (A ZC 7 n C. Gaon oti gym y L w Ln gin 1,, o S 1 cn rn EXHIBIT B O \ O I N p 62.8! 49" a A 49' 69• 0 OU/NCY AVENUE It y ZO r OroN 0 LO• o a rr-r n'1 Sy /LO• W v youNa . o MONROE o0 2 Cn V O 0 Q v O a O a O o 1 ILO• yl 4 A 0 O W1, 4 44' r., COLLINS ofr { In1 AVENUE t. iiu• cs' cs• b p0000 - a r 07• //' Z V1 111 ALLEY o w , ca ABA n I ND STREE r uo' L DCUS r AVENUE m o.ALLEY a 2of 3P' Cn Orange Meadows Apartments O v O c GO Alley to be vacated AVENUE S n mm2ncnma O ~ CO' y0 2 OmOb'Tl a Znpp brlT Cn2 Oa SO Cz N nl mi O O ry O O W J OD Ili OD 1 0 0