RES-10345 Vacation of Property at Cannon St. and Santiago Canyon Rd.RESOLUTION NO. 10345
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF
CANNON STREET AND SANTIAGO CANYON
ROAD IS NO LONGER NEEDED BY THE PUBLIC,
ORDERING THE VACATION THEREOF AND
RESERVING ALL PUBLIC UTILITY EASEMENTS.
WHEREAS, pursuant to Streets and Highways Code Sections 8300 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
that portion of Cannon Street and Santiago Canyon Road generally depicted on the map
attached hereto as Exhibit B and more particularly described on Exhibit A was dedicated to
the City pursuant to a tract map recorded in 1963 has been superseded by relocation, is
excess right-of-way of a street or highway that is no longer required for such purposes,
and is not needed for any prospective public street
purposes; and WHEREAS, the vacation of the street easement will not cut off access
to any person's property which, prior to the adoption of this Resolution, had such access
and will not terminated any public service
easements; 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 has previously adopted Resolution No. 9691 making inapplicable
the requirement that a report be prepared regarding whether the disposition of real property
for street purposes is in conformance with the City's General Plan. Since this vacation
concerns the disposition 'Of property used for street purposes, no report from the planning
director
is required. .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,
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), that portion of Cannon Street and Santiago Canyon
Road 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: (1) all eXlstmg
easements for public utility facilities line purposes and any right necessary to maintain,
operate, replace, remove or renew such public utilities or other public improvements
underlying the subject easement, including, but not limited to, traffic detector loops and
control devices; and (2) the easement and right at any time, or from time to time, to construct,
maintain, operate, replace, remove, and renew an existing sanitary sewers and storm drains
and appurtenant structures in, upon, over, and across that portion of Cannon Street and
Santiago Canyon Road vacated by this Resolution, and, pursuant to any existing franchise or
renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and
enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures,
equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines,
and for the transportation or distribution of electric energy and water, and for incidental
purposes, including access to protect these works from all hazards in, upon, and over those
portions of Cannon Street and Santiago Canyon Road proposed to be vacated.
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 portion of Cannot Street and Santiago Canyon Road 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 the 13th day of January, 2009.
ATTEST:
range
M~Y
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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 13th day of January, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABST AIN:
COUNCIL MEMBERS: Smith, Cavecche, Dumitru, Bilodeau
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Murphy
COUNCIL MEMBERS: None
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