RES-10146 Vacating Portion of City's Water Line Easements Chapman UniversityRESOLUTION NO. 10146
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT A PORTION OF
THE CITY'S WATER LINE EASEMENTS,
LOCATED IN OR ON CHAPMAN UNIVERSITY,
ARE NO LONGER NEEDED FOR ANY PUBLIC
PURPOSE AND ORDERING THE VACATION
THEREOF.
WHEREAS, pursuant to Streets and Highways Code Sections 8300 et seq., the City
may summarily vacate a water utility easement if the water utility easement is not needed for
public purposes and has not been used for such purposes for more than five years; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
those water utility easements, in or on Chapman University, as described herein, are not
needed for any prospective public purposes and have not been used for any public purpose
for more than five years; and
WHEREAS, the vacation of the water utility easements will not cut off access to any
person's property which, prior to the adoption of this Resolution, had such access; 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.
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 water utility easements located in or on Chapman
University generally depicted on the map attached hereto as Attachment 1, and more
particularly described on Attachment II, are 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 water utility easements located in or on Chapman University
generally depicted on the map attached hereto as Attachment I, and more particularly
described on Attachment II, shall be vacated.
ADOPTED the 12th day of December, 2006.
ATTEST:
Lit ' CL
Mary E. M rp , City Clerk, Cit Orange
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 12th day of December, 2006, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: Smith
COUNCILMEMBERS: None
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Mary E-:-'- u
y,
City Clerk,' Orange 2