RES-9788 Vacating Portion of Sycamore AvenueRESOLUTION NO. 9788
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ORDERING THE SUMMARY
VACATION OF A PORTION OF A PUBLIC STREET
COMMONLY KNOWN AS SYCAMORE AVENUE
GENERALLY LOCATED BETWEEN CYPRESS
STREET ON THE EAST AND THE A.T.&S.F.
RAILROAD RIGHT-OF-WAY ON
THE WEST.WHEREAS, pursuant to Division 9, Part 3, Chapter 4 of the Streets
and Highways Code ofthe State of California (commencing at Section 8330), the City Council of the
City of Orange hereby finds and determines that that portion of Sycamore Avenue
generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A has been impassable for vehicular travel for at least five consecutive years and no
public money has been expended for maintenance on the subject property during such
period; and WHEREAS, the subject property will not cut off access to a person's
property which,prior to the adoption ofthis Resolution, adjoined the subject real
property; and WHEREAS, the adoption of this Resolution will not operate to terminate
a public service
easement; and WHEREAS, the City Council finds and detemlines, 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,
this 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 resolws, 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 Sycamore Avenue generally
depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A,
is hereby summarily vacated effective upon recordation of this Resolution in the Official
Records of the County of Orange, State of California (the
Section 3. The City reserves and excepts from such vacation all eXlstmg
easements for public utility facilities and any right necessary to maintain, operate, replace,
remove or renew such public utilities.
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 celtified copy of this Resolution is recorded
in the Official Records, that portion of Sycamore: 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 9th day of December, 2003.
Murphy, Mayor
ATTEST:
L~
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 9th day of December, 2003, by the
foUowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
f.EL_
MaryE.
2
EXHIBIT "A"
IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT
PORTION OF SYCAMORE AVENUE, 60 FEET WIDE, AS SHOWN ON THE PIRIE HOME
TRACT, AS PER MAP FILED IN BOOK 4, PAGE 91 OF MISCELLANEOUS MAPS, RECORDS
OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID SYCAMORE AVENUE, 60 FEET WIDE, AS SHOWN ON SAID PIRIE
HOME TRACT, BOUNDED TO THE WEST BY THE SOlJTHERL Y PROLONGATION OF THE
WESTERLY LINE OF LOT 24, BLOCK B, OF SAID PIRIE HOME TRACT AND TO THE EAST BY
THE SOLJTHERL Y PROLONGATION OF THE EASTERLY LINE OF LOT 1 BLOCK B, OF SAID
PIRIE HOME TRACT.
EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY 30 FEET OF SAID
SYCAMORE AVENUE LYING EASTERLY OF THE SOUTHEASTERLY PROLONGATION OF A
LINE EXTENDING FROM A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK B OF SAID
PIRIE HOME TRACT BEING DISTANT WESTERLY 45.:18 FEET FROM THE SOUTHEAST
CORNER OF SAID LOT 1 TO A POINT IN THE NORTHERLY LINE OF LOT 2 BLOCK B OF SAID
PIRIE HOME TRACT BEING DISTANT WESTERLY 124.58 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 2.
THE ABOVE DESCRIBED PARCEL CONTAINS 0.33 ACRES, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", 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.
w. tJl ~
WARREN WILLIAMS, JR., P.L.S.7038
REGISTRATION EXPIRES 9/30/06
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