RES-10352 Vacation of Street or Highway Abutting State College Blvd. and I-5 Santa Ana FreewayRESOLUTION NO. 10352
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY ORDERING THE
VACATION OF A STREET OR HIGHWAY
ABUTTING STATE COLLEGE BOULEVARD AND
THE SANTA ANA FREEWAY BUT RESERVING
ALL PUBLIC UTILITY EASEMENTS THEREIN.
WHEREAS, the City of Orange (the City) is a municipal corporation exercising
governmental functions and powers and organized and existing under the laws of the State of
California; and
WHEREAS, pursuant to Sections 8330, 8331 and 8334 of the California Streets and
Highways Code, the City may summarily vacate a street or highway under one or more of the
following circumstances: (i) if, for a period of five consecutive years, the street or highway
has been impassable for vehicular travel and no public money was expended for maintenance
on the street or highway during such period, (ii) if the street or highway has been superseded
by relocation, (iii) if the street or highway is excess right-of-way that is no
longer required for such purposes, or (iv) if the street or highway is not needed for any
prospective public street
purposes; and WHEREAS, the City Council of the City of Orange hereby finds and
determines that that portion of an easement for public road and highway purposes on real
property generally depicted on the map attached hereto as Exhibit B and more particularly described
on Exhibit A (i) has been impassable for vehicular travel for not less than five consecutive years
and no public money was expended for maintenance during such period, (ii) has been
superseded by relocation, (iii) is excess right-of-way of a street or highway that is
no longer required for such purposes, and (iv) is not needed for any prospective
public street purposes; and WHEREAS, the vacation of the street will not cut off access to
any person's property which, prior to the adoption of this Resolution, had such access and
will not terminate 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
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 that was once 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, 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), that portion of an easement for public road and
highway purposes on real property 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 Mayor is authorized to execute, and the City Clerk to attest, a
quitclaim deed in a form acceptable to the City Attorney for the purpose of remising,
releasing and forever quitclaiming to Archstone Gateway LP, a Delaware limited partnership,
any real property interest the City may have in and to the easement for public road and
highway purposes, reserving and excepting, however, the easements and rights more
particularly described in Section 4 of this Resolution. Upon execution thereof, the City
Attorney is authorized to record the quitclaim deed in the Official Records following
recordation of this Resolution in the Official Records.
Section 4. The City reserves and excepts from such vacation: (1) all existing
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; (2) the easement and right at any time, or from time to time,
to construct, maintain, operate, replace, remove, and renew any existing sanitary sewers and
storm drains and appurtenant structures in, upon, over and across the easement for public
road and highway purposes vacated by this Resolution; (3) 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 the
easement for public road and highway purposes vacated by this Resolution.
Section 5. 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.
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Section 6. From and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Cannon Street and Valencia Drive 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 2ih day of January, 2009
ATTEST:
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 2ih day of January, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
L o
Mary E.
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