RES-10411 Vacation of Portion of Locust Avenue as Excess Street Right of WayRESOLUTION NO. 10411
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF LOCUST AVENUE AS EXCESS
STREET RIGHT OF WAY THAT IS NO LONGER
NEEDED FOR STREET PURPOSES.
WHEREAS, pursuant to Streets and Highways Code Sections 8334, the City may
summarily vacate an excess street easement if the easement is no longer required for street
purposes and it lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the street easement on a portion of Locust Avenue, just east of Highland Street, as
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A is no longer needed for street purposes, lies within property under one ownership and does
not continue through such ownership or end touching the property of another; and
WHEREAS, all existing public utility easements, if any, 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, 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 street easement on Locust Avenue as generally
depicted on the map attached as Exhibit B and more particularly described in 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 all existing
easements for public utility facilities purposes and any right necessary to maintain, operate,
replace, remove or renew such public utilities or other public improvements within the
subject easement.
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, the street easement on Locust Avenue generally depicted on the mapattachedheretoasExhibitBandmoreparticularlydescribedonExhibitAshallnolonger
constitute a public street.
Adopted the 8t" day of December, 2009.
ti ~
C olyn V C vecc e, Mayor, City of Orange
ATTEST:
Mary ~ City Clerk, City c~f Orange
1, MARY E. MURPHY, City ~CT~rk 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 8th day of December, 2009, bythefollowingvote:
AYES: COUNCIL MEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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