RES-10077 Vacating Portion of West Glassell St.RESOLUTION NO. 10077
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT A PORTION OF
RIVERDALE AVENUE, WEST OF GLASSELL
STREET, IS NO LONGER NEEDED BY THE
PUBLIC AND 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 Riverdale Avenue generally depicted on the map attached hereto as Exhibit B and more
particularly described on Exhibit A has never been used for the purpose for which it was dedicated in
1971 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
WHEREAS, all existing public utility easements shall be reserved; and
WHEREAS, the City Council finds and determines, based upon the eXIsting uses of the
subj ect real property, that the proposed vacation of the subj ect 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 Enviromnental 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 ofthe subject real
property has been reported on by the Director of the Community Development DepartlT'ent 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 f011h in the agenda
report presented to it and any testimony received at the meeting at which this matt'll' 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 Riverdale Avenue 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 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, 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 Riverdale
Avenue 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 Riverdale Avenue 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 Riverdale Avenue 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 23rd day of May, 2006.
t../N.
ity of Orange
ATTEST:
vlJjJ~,<~~w. Ap~
k.v~lurphY, City Clerk, City of ge
u
I, M.~l{Y E. MURPHY, City Clerk, 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 23rd day of May, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
J
EXHIBIT "An
LEGAL DESCRIPTION
RIVERDALE AVENUE
THAT CERTAIN PARCEL OF LAND SHOWN AS RIVERDALE AVENUE, DEDICATED
ON TRACT NO. 7249, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 287, PAGES 34 THROUGH 36,
INCLUSIVE, OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID TRACT NO. 7249;
THENCE ALONG THE SOUTHEASTERLY, NORTHEASTERLY, NORTHWESTERLY
AND SOUTHWESTERLY LINES OF SAID RIVERDALE AVENUE THE FOLLOWING
SIX (6) COURSES,
1) NORTH 54015'08" EAST, 406.80 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY OF GLASSELL STREET BEING 100.00 FEET WIDE, AS SHOWNON SAID
MAP, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 1150.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH
86002'37" EAST,
2) NORTHERLY 71.35 FEET ALONG SAID CURVE THROUGH A CENTRAL OF
3033'17" TO A POINT OF CUSP OF A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 27.00', A RADIAL LINE TO WHICH BEARS NORTH 82029'19"
EAST,
3) SOUTHERLY 37.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 79042'38" TO A POINT ON A REVERSE CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH
17048'03" EAST,
4) SOUTHWESTERLY 200.47 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17056'49"
5) SOUTH 54015'08" WEST, 235.40 FEET
AND
6) SOUTH 51016'41" EAST, 83.03 FEET TO SAID POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.740 ACRES.
AS SHOWN ON EXHIBIT 'B' ATTACHED HERE TO A MADE A PART HEREOF.
DATED THIS ~DAY OF lharcA ,2006.
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