RES-9907 Vacating Portion of University DriveRecorded in Off. .
T Icra' RecordOmDaly, Clerk-
R S, Or~l!nge
County 111/!11111111/I11I/1!lllll!IIllll/IllI/lliIYlffil~"n 11111 III!! I/I! IUI NO
FEE
117 ~~~~~0~947530 03:22pm1,0/20/
04 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.
00 RECORDING REQUESTED
BY AND, WHEN
RECORDED,MAIL
TO:City of
Orange 300 East Chapman
Avenue Orange, California
92866 Attn: City
Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE
ONLY THIS DOCUMENT IS
EXEMPT FROM THE PAYMENT OF
A RECORDING FEE PURSUANT
TO CALIFORNIA STREETS
AND HlGHWA YS CODE SECTION
8325.CERTIFIED
COPY
OF RESOLUTION NO.
9907 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE A RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF ORANGE FINDING THAT A PORTION
OF THAT PUBLIC STREET
COMMONLY KNOWN AS UNIVERSITY
DRIVE GENERALLY LOCATED EAST OF
AND ADJACENT TO GLASS ELL STREET IS
NO LONGER NEEDED BY THE PUBLIC
AND ORDERING THE V ACA TION
THEREOF.THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR
RECORDING INFORM A
RESOLUTION NO. 9907
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT A PORTION OF
THAT PUBLIC STREET COMMONLY KNOWN AS
UNIVERSITY DRIVE GENERALLY LOCATED
EAST OF AND ADJACENT TO GLASSELL STREET
IS NO LONGER NEEDED BY THE PUBLIC AND
ORDERING THE VACATION THEREOF.
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, on August 24, 2004 the City Council of the City of Orange adopted
Resolution No. 9902, declaring its intent to vacate that portion of University Drive generally
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A, which is a public street and right-of-way located east of and adjacent to Glassell
Street at the proposed University Drive entry to the Chapman University
campus; and WHEREAS, as authorized by the Public Streets, Highways, and
Service Easements Vacation Law (commencing at Section 8300 of the Streets and Highways Code of
the State of California; herein referred to as the Law) and, more specifically, Section 8320 of
the Law,the City Council desires to find and determine that the aforementioned portion
of University Drive generally depicted on the map attached hereto as Exhibit B and
more particularly described on Exhibit A, are no longer needed by the
public; and WHEREAS, in connection with its consideration of the proposed vacation
of the aforementioned portion of University Drive, the City Council finds and determines
that there is no substantial evidence that the proposed vacation will have a significant effect
on the environment under the California Environmental Quality
Act; and WHEREAS, pursuant to Section 8313 of the Law and Section 65402
of the California Government Code, this City Council finds and determines that
the location,purpose and extent of the proposed vacation of the aforementioned portion
of University Drive have been considered and reported on by the Director of the
Community Development Department of the City of Orange and that said proposed vacation conforms to the
City's adopted general
plan; and WHEREAS, pursuant to Section 8320 of the Law, this City Council held
a hearing on the proposed vacation of the aforementioned portion of University Drive,
having duly published and posted notice of such hearing in accordance with the procedures
therefor set forth in Sections 8322 and 8323
ofthe Law.NOW THEREFORE, the City Council declares, on the basis of the facts set
forth in the agenda report presented to it and any testimony received at the hearing at which
this matter was considered,
Section 1.The foregoing recitals are true and correct.
Section 2. Pursuant to the Law, that portion of University Drive generally
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A is hereby vacated effective upon recordation of a certified copy 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: (I) 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 sanitary sewers and storm drains and
appurtenant structures in, upon, over, and across that portion of University Drive 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 University Drive
proposed to be vacated.
Section 4. That portion of University Drive proposed to be vacated for public
street purposes is no longer needed by the public and is unnecessary for present or
prospective public use for the reasons described in the agenda report accompanying 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 in the Official Records by delivering same to the City Attorney with
instructions that he, in turn, cause it to be recorded in the Official Records..
Section 6. From and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of University 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 14th day of September, 2004.
fMJt ~fJ1
Mark A. Murphy, Mayor,
2
ATTEST:
Clerk, City of Or
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 14th day of September, 2004, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
City Clerk, C~ OrangeMaryE.
3
IEXJil~i8gT "A"
THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF UNIVERSITY DRIVE, 60 FEET
WIDE, AS SHOWN ON PARCEL MAP No. 2003-166, AS PER MAP FILED IN BOOK 336,
PAGES 1 THROUGH 4 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, BEiNG
MORE PARTICULARLY DESCRIBED AS
FOLLOWS:BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN
INSTRUMENT RECORDED JUNE 9, 1998 AS INSTRUMENT No. 19980360053 OF OFFiCIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING ALSO ON THE SOUTHERLY LINE
OF UNIVERSITY DRIVE AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID
SOUTHERLY LINE NORTH 88055'46" WEST 45.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE
AND PARALLEL WITH THE EASTERLY LINE OF SAID INSTRUMENT NORTH 00056'01" EAST,60.
00 FEET TO THE NORTHERLY LINE OF SAID UNIVERSITY DRIVE; THENCE SOUTH 88055'
46"EAST 45.00 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWESTERLY CORNER
OF SAID INSTRUMENT No. 19980360053; THENCE LEAVING SAID NORTHERLY LINE
AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT SOUTH 00056'01" WEST 60.00 TO
THE POINT OF
BEGINNING THE ABOVE DESCRIBED PARCEL CONTAINS 2,700 SQUARE FEET OF 0.06 ACRES,
MORE OR
LESS.ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "8", ATTACHED HERETO AND MADE
A PART
HEREOF.THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER
MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S
ACT.
uvJJi WARREN W. WILLIAMS, JR~, P.L.S.
7038 REGISTRATION EXPIRES 9/30/
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I P.l.S. 7D38 7h./otf DAn:.SCALE:
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3CUlEVARD ANA.'"'.E]:W:-l1tJ..
S. ~ 92808 (71-l-) 355-5aSO UNlVERS1TY DRlVE VACATlON
IN THE ClTi
OF ORANGE, CALIFORNIA