RES-10687 Vacating Public Utility EasementRESOLUTION NO. 10687
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING THE
PUBLIC UTILITY EASEMENT ALONG "OLD"
METROPOLITAN DRIVE WHICH IS NO LONGER
NEEDED BY THE CITY.
WHEREAS, pursuant to Streets and Highways Code Section 8333, the City may
summarily vacate a public utility easement if the easement is no longer required for City
purposes and has been superseded by relocation, or determined to be excess by the easement
holder, and there are no other public facilities located within the easement.
WHEREAS, the City Council of the City of Orange has previously vacated the street
easement as Resolution No. 10516 and retained the public utility easement, and now hereby
finds and determines that that the public utility easement is no longer required for City
purposes and has been superseded by relocation, or determined to be excess by the franchise
easement holder(s), and there are no other public facilities granted by franchise located
within the easement, as depicted 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 utility 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 utility easement along "old" Metropolitan
Drive is no longer required for City purposes and has been superseded by relocation, or
determined to be excess by the easement holder(s), and there are no other public facilities
granted by franchise located within the easement, as depicted on the map attached hereto as
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 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 utility easement along "old" Metropolitan Drive generally
depicted on the map attached hereto as Exhibit A shall no longer constitute an easement for
franchise granted public utility purposes.
ADOPTED the 11 day of December, 2012.
CTeresa)E. Smith, Mayor, City of Orange
ATTEST:
Mary E. y, City Clerk, i range
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 11 day of December, 2012, by
the following vote:
AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Smith, Bilodeau, Murphy
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
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Old Metropolitan Drive UTLET-
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Public Utility Easement t 1
To B Vacated
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