RES-9432 Vacating a Portion of Vista Ridge DriveCity of Orange
City Attorney's Office
Memo
TO:Cassandra Cathcart, City CIerk
FROM:Wayne W. Winthers, Assistant City Attorney
DATE:February 25, 2002
SUBJECT: Resolution No. 9432
The purpose of this memorandum is to explain the duplication of
documents within the City Clerk's official records as they reIate to Resolution
No. 9432. Within the City Clerk's official documents is Resolution No. 9432
showing a recorded Resolution No. 9432 which has been aItered, by placing a
line through Sections 1, Subsection A, Subsections 1-6. These
subsections reIate to easements which M.M. Orange were to be required to grant
and
record.These items were deIineated at the County Recorder's Office
on October 16, 2001, by the City employees who took it to be recorded. When
the document was presented to the County Recorder, it was discovered
that Exhibit "C" was not part of the recordation package. At the suggestion of
the clerk at the County Recorder, it was decided that the City empIoyees
would delineate paragraphs 1 through 6 relating to Exhibit "C" since
those easements being called for were no longer necessary as those
properties referred to in Exhibit "C" had already changed ownership. This was
carried out in front of the clerk at the County Recorder and with the
County Recorder's
agreement.The document as delineated was then recorded. This document
was then returned back to the City Clerk and filed as part of the City Clerk'
s officiaI
records.
f!:"",.In February, 2002, the City Clerk during an audit, noted the
document had been aItered and was therefore different from the official document
that had been approved by the City Council. For this reason, the
original unaltered Resolution No. 9432 has now been added to the City Clerk's
official documents to preserve the resoIution as adopted by the City Council on
May 8, 2001. This document has not been recorded with the County as there is
no legaI reason to do
MEMORANDUM to Cassandra Cathcart
February 25, 2002
Page 2
The officiaI records of the City Clerk of the City of Orange now reflect
Resolution No. 9432 as adopted by the City Council and also as separately
recorded with the County Recorder.
Wayn . Wmthers
Assistant City Attorney
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RESOLUTION NO. 9432
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE VACATING A PORTION OF
VISTA RIDGE DRIVE LOCATED BETWEEN VISTA
CREST ROAD AND VISTA SUMMIT WAY,
RESERVING AND EXCEPTING AN EASEMENT
FOR WATER UTILITY PURPOSES THEREUNDER
AND VACATING ANY OTHER UNDERLYING
UTILITY EASEMENTS.
RECITALS:
WHEREAS, the City Council of the City of Orange adopted Resolution No. 9431
declaring its intent to vacate a portion of Vista Ridge Drive between Vista Crest Road and Vista
Summit Way; and
WHEREAS, the City Council finds that said Resolution has been published in a manner
prescribed by law for the publishing of ordinances of the City; and
WHEREAS, this City Council further finds that notices of the proposed street vacation
stating the purpose of said Resolution and the time and place set for hearing were posted as
directed by Council and required by law; and
WHEREAS, the City Council at the time and place set for hearing heard any and all
persons interested in or objecting to said proposed vacation of said street and received and
considered all evidence submitted; and
WHEREAS, the resolution of intent for hearing on April 10, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
1. That this vacation is subject to the satisfaction of certain conditions imposed by
this Council, the conditions are as follows:
A. MM Orange must grant and record the following easements:
1. Owner, MM Orange, L.L.C., must grant to Kord Group, owner of
lot 181, Tract No. 10439, their heirs and assigns, a perpetual
easement for ingress and egress over and across that area
specifically described in Exhibit C, attached hereto and
incorporated herein.
2. Owner, MM Orange L.L.C., must grant to Kord Group, owner of
Lot 182, Tract No. 10439, their heirs and assigns, a perpetual
easement for ingress and egress over and across that area
specifically described in Exhibit C, attached hereto and
incorporated herein.
3. Owner, MM Orange, L.L.C., must grant to Kord Group, owner of
Lot 185, Tract No. 10439 their heirs and assigns, a perpetual
easement for ingress and egress over and across that area
specifically described III Exhibit C, attached hereto and
incorporated herein.
4. Owner, MM Orange, L.L.C., must grant to Kord Group, owner of
Lot 186, Tract No. 10439 their heirs and assigns, a perpetual
easement for ingress and egress over and across that are
specifically described in Exhibit C, attached hereto and
incorporated herein.
5. Owner, MM Orange, L.L.C. must grant to Kord group, owner of
Lot 188, Tract No. 10439, their heirs and assigns, a perpetual
easement for ingress and egress over and across that area
specifically described III Exhibit C, attached hereto and
incorporated herein.
6. Owner, MM Orange, L.L.C. must grant to Aileen Herrera, owner
of Lot 189, Tract No. 10439, their heirs and assigns, a perpetual
easement for ingress and egress over and across that area
specifically described in Exhibit C, attached hereto and
incorporated herein.
B. Owner, MM Orange, must satisfy each and every condition of this
vacation within six months of the date of this Resolution.
C. The recordation of the aforementioned easements, and any other
conditions required herein must be performed to the reasonable satisfaction of the
Director of Public Works/City Engineer, or his designee.
D. This Resolution of vacation will not be recorded until the City Clerk has
received written notification from the Director of Public Works/City Engineer that each
and every condition has been successfully completed.
2. That a portion of Vista Ridge Drive, between Vista Crest Road and Vista Summit
Way, and more specifically shown on the attached legal description and map, attached hereto and
incorporated herein as Exhibits A and B, is hereby vacated upon the satisfaction of the
aforementioned conditions and recording of this Resolution as directed below.
3. That the City reserves and excepts from such vacation an existing underlying
easement granted to the City for water utility purposes, and vacates any and all other existing
easements for public utility purposes and any right necessary to maintain, operate, replace,
remove or renew such public utilities.
2
4. That this vacation is made pursuant to Division 9, Part 3, Chapter 3 of the
California streets and Highways Code, Section 8320 et seq.
5. That the street described in this Resolution is unnecessary for present or
prospective public use in that MM Orange owns the property on both sides of the street and most
of the lots served by the street. MM Orange is developing the area served by the public street
and desires to create a private development served by a newly created private roadway, built and
maintained by the owners of, or the association for a common interest development. For this and
other reasons more specifically described in the staff reports accompanying this Resolution, the
City would no longer be responsible for maintaining the vacated public street.
6. That from and after the date this Resolution is recorded the street vacated shall no
longer constitute a public street.
7. That this vacation shall be subject to the completion of each and every condition
imposed herein and shall not be recorded until the City Clerk has received written notification
from the Director of Public Works/City Engineer that all conditions have been satisfied, and
upon receiving notification, the City Clerk is directed to cause a certified copy of this Resolution
to be recorded in the Office of the Orange County Recorder.
8. The City Clerk is hereby authorized and directed to make copies of this
Resolution available to the general public within two (2) working days following the date of
adoption.
ADOPTED this 8th day of May, 2001
3
ATTEST:
4~1fa~~~~~ltyotOrange
I 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 May, 200, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Slater, Mayor Murphy, Coontz
COUNCILMEMBERS: None
COUNCILMEMBERS: Alvarez
COUNCILMEMBERS: None
C1t./~~~Af~
Cassandra J. CatJj ,City Clerk of the City of Orange
4
EXHIBO'"A"
LEGAL DESCRIPTION FOR
snumT VACA1l0N
ITRRRTVACATION:
THOSE PORTIONS OF VISTA RIDGE DRIVE OF TRACT NO. 10439,1N THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 489
PAGES 27 THROUGH 32, INCLUSIVB OF -MAPs. RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOIJ.OWS:
BEGINNlNG AT THE MOST SOUl1lWESTERLY CORNER. OF LOT 1 OF SAID TRACT 10439
WIDCH IS ALSO A POINT ON THE RlGlIT..oF-WAY OF VISTA RIDGE DRIVE; AND
THE BEGINNlNG OF A TANGENTIAL CURVE, CONCAVE TO THE S01ITHWEST AND HAVING
A RADIUS OF 2S7.63 FEET, A RADIAL IJNE THROUGH SAID POINT BEARS SOUTH 620 13'
12"
WEST;THENCE SOurHERLY ALONG SAID CURVE THROUGH A CENTRALANGtEOF"250 49'
16",AN ARC LENGTH OF 129.62
FEET;THENCE SOUTH 010 57' 32" EAST, A DISTANCE OF 60,55 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADros OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 8SO 02' 28"
EAST;THENCE SOurHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10" OS'
15",AN ARC LENGTH OF84.22
FEET;THENCE SOUTH 12" 05' 47" EAST, A DISTANCE OF 200.72 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 77" 54' 13"
EAST;THENCE SOUlllERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 IS'
45",AN ARC LENGTH OF 135,52
FEET;THENCE SOUTH 280 24' 32" EAST, A DISTANCE OF7S.59 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 25,00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 610 35' 2S"
EAST;THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00",
AN ARC LENGTH OF39.27
FEET;THENCE SOUTH 240 IS' IS" EAST, A DISTANCE OF 59.60
FEET THENCE SOUTH 52" 22' 19" WEST, A DISTANCE OF 10.94 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 62.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37" 37'41"
WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
114.05' 48", AN ARC LENGTH OF 123,46
FEET;THENCE NORm 130 31' 53" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE WEST AND HAVING A RADros OF 92,00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SmITH 760 28'07"
WEST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14052'
39",AN ARC LENGTH OF 23.S9
FEET;THENCE NORTH 2S. 24' ]2" WEST, A DISTANCE OF 15.73 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 520.00 FEET.
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 610 35' 28"
EAST;
THENCE NORTHERLY ALONG SAID CURVE TIlROUGH A CENTRAL ANGLE OF 160 18' 4Sh,
AN ARC LENGTH OF 148.0S FEET;
THENCE NORlHl2" OS' 47" WEST, A DISTANCE OF 200.72 FEET TO THE BEGlNNlNG ot A
TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADillS OF S20.OO FEET, A
RADIAL LINE TIlROUGH SAID POINT BEARS NORlH77" 51,' 13- EAST; -
THENCE
NORTHERLY ALONG SAID CURVE TIlROUGH A CENTRAL ANGLE OF 10008' 15",AN
ARC LENGlH OF 92.01 FEET;THENCE
NORlH 010 S7' 32- WEST, A DISTANCE OF 6O.5SFEET TO THE BEGlNNlNG OF A TANGENTIAL
CURVE CONCAVE TO THE ~ AND HAVING A RADIUS OF 229.10 FEET, A .RADIAL
LINE TIlROUGH SAID POINT lJEARS'!soum: 88" 02'28" WEST;THENCE
NORlHERLY ALONG SAID CURVE TIlROUGH A CENTRAL ANGLE OF 270 08' 33-,AN
ARC LENGlH OF 108.53FEET;THENCE
NORlH 6()0S3' SS- EAST, A DISTANCE OF 4S.S2 FEET TO THE TRUE POINT OF BEG1NNING.
CONfAlNS
APPROXIMATELY 36,773 SQUARE FEET.SUBJECT
TO ALL BASEMENTS, RIGHTS, RIGHr-OF-WAY, AND COVENANTS OF
RECORD.
L..-AHISIT . "S"
SHEET 1 OF 1
VACATION SKETCH
U
J J ; ;VISfA CRl'
Sl' ROADJ 173 ,
174 I
175! 176 ! 177 ! 178 ! 179 ! 180 I . . . . . . . . .171. 172 \
i.....l-. ..~...-1-..-l.... I I .,/'i ..>---..-.. \.()4~~ ,,--'-----"'"cr ~
O.3
2 P.
O.B.'. ,/
1 ,/,>.z -
i 189 /
90 / ./
J:
191/
I
SCALE: 1.- 200'
UN
BEARING STANCE
URVE DELTA
R
L
L1
N01'
5732 1 5' 16"
63' 9,6 'N1 ll... C2 08'
15- 76. O' 8....22.N28"2432 ,59' 18"
18'45" 6.00' 35 L4 N24'1815 59,
60 C4 90"00'00 2500' 9. ,10,94
C5 114'05'48 62.0 ' 1 .4 .L N13'31
53 50.00 C6 14'52'39 92.00' 23.
89'28"24 2 15,73 C7 16"18'45" 20.00' 148.05'
N6O"5 5 45.52 CB 10'08'15" 20.00' 92.01'
C9 2T08'33 29.10' 10B.53'I1~a.on:4/3I'O'
l
EXHIBIT "C"
LEGAL DESCRIPTION FOR
NEW STRBET
mOSE PORTIONS OF LOTS 181 lHROUGH 191. INCLUSIVE AND LC)T F AND G OF TRACTNO. 10439. IN 1lIB CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA. ASPERMAPRECORDEDINBOOK489PAGES27lHROUGH32.INCWSlVE OF MAPS. RECoRDSOFSAIDCOUNTY. MORE PARTICULARLYDBSCRIBED AS FOLLOWS:
BB(JlNNING AT 1lIB MOST Sot.rmwBsmitLY CORNER OF LOT 1 OF TRACT NO. 10439WHICHISALSOAPOINTONTHERIGHT-OF-WAY OF VISTA RIDGE DRIVE; AND TIm BEGINNING OF A TANGBNTJAL CURVE, CONCAVE TO nm SOUfHWBST ANDHAVINGARADIUSOF287.63 FEET. A RADIAL LINE lHROUGH SAID POINT BEARS SOUTH 62013'
12ft WEST; .THENCE SOt!fHBRLY ALONG SAID CURVE lHROUGH A CENTRAL ANGLE OF 04012' Olft,AN ARC LENGTHOF 21.09 FEET TO THE BEGINNING OF A REVERSE CURVECONCAVETOTHENORTHEASTANDHAVINGARADIUSOF50.00 FEET, A RADIAL LINElHROUGHSAIDPOINTBEARSNORm6602S'
13ft EAST;THENCE SOt!fHBRLY ALONG SAID CURVE lHROUGH A CENTRAL ANGLE OF ISO55' 59",AN ARC LENGm OF 13,90 FEET TO TIm BEGINNING OF A REVERSE CURVECONCAVETOTHEWESTANDHAVINGARADIUSOF38,00 FEET, A RADIAL LINE THROUGHSAIDPOINTBEARSSOUTH50" 29'
14ft WEST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45049' 57".AN ARC LBNGTIl OF 30.40 FEET TO TIm BEGINNING OF A REVERSE CURVECONCAVETOnmBASTANDHAVINGARADIUSOF50.00 FEET, A RADIAL .LINE THROUGHSAIDPOINTBEARSSOUl'H 830 40'
49ft BAST;THENCE SOUl'HBRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23054' 53ft,AN ARC LBNGm OF 20,87 FEET TO 1lIB BEGINNING OF A REVERsE CURVECONCAVETOnmWESTANDHAVINGARADIUSOF470,00 FEET, A RADIAL LINE THROUGHSAIDPOINTBEARSSOUTH72024'
18ft WEST;THENCE SOllTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17035' 42ft,AN ARC LENGTH OF 144.
33 FEET;THENCE SOUTH 00" 00' OOft WEST, A DISTANCE OF 200.00 FEET TO THE BEGINNINGOFATANGENTIALCURVECONCAVETOTHENORTHEASTANDHAVINGARADIUSOF205,00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORm 90000' OOft EAST;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF68038'2Sft, AN ARC LENGTH OF 245.59 FEET TO THE BEGINNING OF ATANGENTIALCOMPOUNDCURVECONCAVETOTHENORmANDHAVINGARADIUSOF25.00 FEET, ARADIALLINETHROUGHSAIDPOINTBEARSNORTH2)0 21'
3S"BAST;THENCE BASTERL Y ALONG SAID CURVE lHROUGH A CENTRAL ANGLE OF 330 12' 00", AN ARC LENGTH OF 14.49 FEET TO THE BEGlNNlNG OF A TANGENTIALCOMPOUNDCURVECONCAVETOTHENORmANDHAVINGARADIUSOF200,00 FEET, ARADIALLINETHROUGHSAIDPOINTBEARSNORTH16026'
32ft
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18049' 56", AN
ARC LENGllI OF 65.74 FBBT TO THE BEGINNING OF A TANGENTIAL COMPOUND CURVE
CONCAVE TO TIlE NORTHWEST AND HAVING A RADIUS OF 25,00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTIl320 59' 13" WEST;
THENCE NOR1lfEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF-57.
00'47", AN ARC LENGllI OF 24.88
FFEI';THENCE NORTII W 23' 44" WEST, A DISTANCE OF 57.36 FEET TO THE BEGINNING OF
A NON-TANGEN11AL CURVE CONCAVE TO THE NORTIlWBST AND HAVING A
RADIUS OF 58.00 FEET, A RADIAL LINE THROUGH SAIQ;oJNT BEARS SOUlH 80" 45'
38" WEST;THENCE WESTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 850 29'
07", AN ARC LENGTH OF 86.S4 FEET TO THE BEGINNING OF A TANGENTIAL
REVERSE CURVE CONCAVE TO THE SOUIll AND HAVING A RADIUS OF 200.00 FEET, A
RADIAL UNE THROUGH SAID POINT BEARS SOUIll 13.45'
IS" EAST;THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1~ 24'
27", AN ARC LENGTII OF 61.74 FFEI' TO THE BEGINNING OF A TANGENTIAL
REVERSE CURVE CONCAVE TO THE NORTII AND HAVING A RADIUS OF 54.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 33. 09'
42" WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
700 41'31", AN ARC LENGllI OF 66.
63 FEET;THENCE NORTII 52" 28' 11" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING
OF A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
94.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 370 31'
49" WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
020 21'44", AN ARC LENGTII OF 3,88 FEET TO THE BEGINNING OF A
TANGENTIAL REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 249.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 350 10'
oS" EAST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540
49' 55",AN ARC LENGTIIOF 238.
29 FEET;THENCE NORTII 00" 00' 00" EAST, A DISTANCE OF 200.000 FEET TO THE BEGINNING
OF A TANGENTIAL CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 426.00
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTIl90o 00'
00" WEST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
13052' 50",AN ARC LENGTHOF 103.20 FEET TO THE BEGINNING OF A COMPOUND
CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUIll 760 07'
10" WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
46. 43'41", AN ARC LENGTH OF 40.78 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 38.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 2~ 23'
29" EAST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 770
35' 50",AN ARC LENGTII OF 51.46 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 730 00'
41" WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 51013'50", AN ARC LENGTH OF 44.71' FEET TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 236.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55. 45'
THENCE NOR'lHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17023'
56", AN ARC LENG11I OF 71.67 FEET TO THE BEGINNING OF A NON-TANGENTIAL
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 229.10 FEET, A RADIAL
LINE THROUGH SAID POINT BEARS soum 360 16' 46"
WEST;THENCE SOU11lERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24037'
09",AN ARC LENG1H OF 98,44
FEET;THENCE NORTII 60" S3' SS" EAST, A DISTANCE OF 4S.S2 FEET TO THE POINT
OF
BEGINNING.CONTAINS APPROXIMATELY 40,973SQUA!ti'
FEET. .SUBJECT TO ALL EASEMENTS, RIGKl'S, RIGHr-OF-WAY, AND
EXHIBIT "c"
NEW STREET SKETCH
SHEET 1 OF 1
L J10439
lAB
pO '
21- 3'2489
2 ·
SCALE:
1"- 200'UN BEARING
DISTANCE L1 NOO'
oo 00 E 'L2 N86"
XS 44 N52'2811
4 N60'
5355 E DELTA R
C1 - 2'
01 28 .
63'9" ,l I
RESOLUTION NO. 9432
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE VACATING A PORTION OF
VISTA RIDGE DRIVE LOCATED BETWEEN VISTA
CREST ROAD AND VISTA SUMMIT WAY,
RESERVING AND EXCEPTING AN EASEMENT
FOR WATER UTILITY PURPOSES THEREUNDER
AND VACATING ANY OTHER UNDERLYING
UTILITY EASEMENTS.
RECITALS:
WHEREAS, the City Council of the City of Orange adopted Resolution No. 9431
declaring its intent to vacate a portion of Vista Ridge Drive between Vista Crest Road and
Vista Summit Way; and
WHEREAS, the City Council finds that said Resolution has been published in a
manner prescribed by law for the publishing of ordinances ofthe City; and
WHEREAS, the City Council further finds that notices of the proposed street
vacation stating the purpose of said Resolution and the time and place set for hearing were
posted as directed by Council and required by law; and
WHEREAS, the City Council at the time and place set for hearing heard any and all
persons interested in or objecting to said proposed vacation of said street and received and
considered all evidence submitted; and
WHEREAS, the resolution of intent came for hearing on April 10, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
1. That this vacation is subject to the satisfaction of certain conditions imposed
by this Council, the conditions are as follows:
A. MM Orangll IRyst grant aIlQ recgrQ thll follewiFlg eaEemeRtS"
1. \ OWBllf, MM Onmge, Ll c., IRyllt graBt to J(er-d GrslIJl, S'
NRer gfl.gt 181, Tract No 10439, t"PiT "PiTS .nrl ...iW'., a p<''"P('hlal eaElllR@m
for ili.gress lIIlG egrllss (lyllf aI1G lWfOSS that area Sjleeifielllly deseribed in ElI.I,
jbit atta~Il11Q Ilweto lIIlG iB~eI'Jl8l'at@G
hllfeiB.Page 8 of
2. OWfler, MM OI'lmge, L.L.C., lfIllS! grtlllt tel Kelrd GI0up, 0\'111("
afLat 182, Trae! 1'1a. Hl139, thvir heim will assigHs, a pe"l'ellial easelfleflt fur
mgrllgg aRd egr<;,~~ Qver aRd acr.osg that are" ~rp,:,;ficall)' de~l:ribild ill I!xhibit
C, attacRlId R=t9 aIld illl:Qr,poratllll R=ill.
3. O"ttisr, ~~4: Or-ang@, I.L.C., mYEl grant to Kst=a Greap, 8T,\q:}e.
f IIfl.ot IllS, Tf:lct No. 10439, tRlIir RlIirs and lIsgigns, 1I Jl~iltllal ilaStlment
for'iRgress and egress ever an.G aer-ess thatarea s13eeif.ieaUy deserieecl.
in ExhiBit b, aUasR@d a@f@te and
iRG8lflGFateG a@f@ia.4. Owner, MM OFllHge, L.L.C., mllst grant taKelr6
Cmu!!, aWHer 6f Let 18a, TraGt Ne. 10439, theirRilim a:nd "".igus, a P'" pdua:
l easemenrfef-iflgfess llIIa e,,;ress ever &fiB aeross tIla[ area Sfleei'jea!!y deseriBeaiH
EJr!ubit C, attaGRed hil<ilto and
illeorperated hilfilia.S. O".'Rilf, MM Or-aRge, LL.C., must grllHt te Kera
Crellfl, el.tn~efLet 188, Treat }la. 10439, their heirs llIIa assigns, a
perpetual ellllelflent felfillgress alld <;,gr.es~ o"er aIlII lICf-QSS IRat al'~a specifically
dllscribed iH J1:)[hibit C, attadllld
hllreto and illGBrperated h@rilin.9. Ownil<, 1\1M OmHge, L.L.c., lfIUSt gf81\
t to Ai!.."" n""",,,,i/Wllilr BE LBt 189, Traet tie. 10439, their heirs lHldlIllsign.,
a p"'pdu,,1 tlOiSilmllflt for ingr-llss ana egresseyer lHld
acress thll! lIf'ea specificAlly QlIscribllll ill Exhibit C, attached h=to
mil illcQr,poratllll Rel'llffi,.....B. Owner, MM Orange, must satisfY each
and every condition of this vacation within six months of
the date of this Resolution.C. The recordation of the
aforementioned easements, and any other conditions required herein must be performed to
the reasonable satisfaction of the Director ofPublir; Works/
Citv Engineer, or his designee.D. This Resolution of vacation will not be
recorded until the City Clerk has received written notification from the Director
of Public Works/City Engineer that each and every
condition has been successfully completed.2. That a portion of Vista Ridge Drive, between
Vista Crest Road and Vista Summit Way, and more specifically shown on theattachedlegaldescriptionandmap,attached hereto and incorporated herein as Exhibits A and B,
is hereby vacated upon the satisfaction of the aforementioned conditions and recording
of
this Resolution as directed below.3. That the City reserves and excepts from
such vacation an existing underlying easement granted to the City for water utility purposes, and vacates
any and all other
existing Page 9
easements for public utility purposes and any right necessary to maintain, operate, replace,
remove or renew such public utilities.
4. That this vacation is made pursuant to Division 9, Part 3, Chapter 3 of the
California Streets and Highways Code, Section 8320 et seq.
5. That the street described in this Resolution is unnecessary for present or
prospective public use in that MM Orange owns the property on both sides of the street and
most of the lots served by the street. MM Orange is developing the area served by the public
street and desires to create a private development served by a newly created private roadway,
built and maintained by the owners of, or the association for a cornmon interest development.
For this and other reasons more specifically described in the staff reports accompanying this
Resolution, the City would no lC'nger he responsihle for m"int&ining the vacated public .treet.
6. That from and after the date this Resolution is recorded the street vacated shall
no longer constitute a public street.
7. That this vacation shall be subject to the completion of each and every
condition imposed herein and shall not be recorded until the City Clerk has received written
notification from the Director of Public Works/City Engineer that all conditions have been
satisfied, and upon receiving notification, the City Clerk is directed to cause a certified copy
of this Resolution to be recorded in the office of the Orange County Recorder.
8. The City Clerk is hereby authorized and directed to (a) make copies of this
Resolution available to the general public within one (1) working day following the date of
adoption, and (b) furnish to any person making a request for a copy of the adopted documents
amending the General Plan within two (2) working days after receipt of a request therefor
accompanied by payment for the reasonable cost of copying.
Adopted this 8th day of May, 2001.
Page 10 of 11
Reso No. 9432
ATTEST:
J4<tA~A~ ~/f-
Cassandra J. Cathc ity Clerk of the City of Orange
I 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 May,2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUl'..CIL MEMBERS: SLATER, MAYOR MURPHY, COONTZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: ALVAREZ
COUNCIL MEMBERS: NONE
Page 11 of 11
Reso No. 9432
PLEASE COMPLETE THIS INfORMATION
REC'ORDING REQUESTED BY:
n '
C,l7Y 0;:: O/P/1/1/GL:Recorded in Official Records .Gary Granville Clerk R d'
County of Orangeecorer111111111111111111111111111111111111111111111111111111111
NO FEE 114
67 R282~~1072709711:17am10/16/01 0.
00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AND
WHEN RECORDED MAIL TO:G'/
TY c.~E,..('Kc:! /
TY OF O,/?..4/V6-E
300 ,/:, c:!///f.P#/J/V /9VE,
O-t'4A/6'E) c! /
l, 9;:< R~
6 THIS SPACE FOR RECORDER'S USE
ONLY TITlE OF
DOCUMENT:ES'ULVF/CY/VA/CJ.
9432-j?Ec:!.OA'P//Y'? /r'7E4JVc3TED i//V/JL--/f CoVERA/h'L-A/T C'OvL-- .5'.c-C!T/
OA/
th/
o3 L~ /C"
L~ErS;:~ZDil.. C&lIj';L-- J;)'
16rAJU"lIR..l>nr. ~ ptJiTUc.. '-'m.{
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l!
Ti Page 1 of
11 THIS PAGE ADDED TO PROVI~E ADEQUATE SPACE FOR RECORDING
INFORMATION Additional recording lee
applies)0 OS9-TlTLE
EXHIBIT "A"
LEGAL DESCRIPTION FOR
STREET VACATION
STREET VACATION:
THOSE PORTIONS OF VISTA RIDGE DRIVE OF TRACT NO. 10439, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 489
PAGES 27 TlIROUGH 32, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING
AT THE MOST SOUTHWESTERLY CORNER OF LOT I OF SAID TRACT 10439 WHICH
IS ALSO A POINT ON THE RIGHT-OF-WAY OF VISTA RIDGE DRIVE; AND
THE BEGINNING OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 287.63 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 620 \3'
12"
WEST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250 49'
16",AN ARC LENGTH OF 129.62
FEET;THENCE SOUTH 010 57' 32" EAST, A DISTANCE OF 60.55 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88002' 28"
EAST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10008'
15",AN ARC LENGTH 01'.84.22
FEET;TIIENCE SOUTII ]2005' 47" EAST, A DISTANCE OF 200.72 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 770 54' \3"
EAST;TIIENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16018'
45",AN ARC LENGTH OF 135.52
FEET;THENCE SOUTH 280 24' 32" EAST, A DISTANCE OF 78.59 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 25.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 610 35' 28"
EAST;THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00",
AN ARC LENGTH OF 39.27
FEET;TIIENCE SOUTH 24018' 15" EAST, A DISTANCE OF 59.60
FEET THENCE SOUTH 520 22' 19" WEST, A DISTANCE OF 10.94 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 62.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 3r 37'41"
WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1140 05' 48", AN ARC LENGTH OF 123.46
FEET;THENCE NORTH 13031' 53" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 92.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 760 28'07"
WEST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14052'
39",AN ARC LENGTH OF 23.89
FEET;THENCE NORTH 280 24' 32" WEST, A DISTANCE OF 15.73 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 520.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 610 35' 28"
EAST;Page 2 of t
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 18' 45",
AN ARC LENGTH OF 148.05 FEET;
THENCE NORTH )2005' 47" WEST, A DISTANCE OF 200.72 FEET TO THE BEGINNING OF A
TANGENTIAL CURVE CONCAVE TO TilE EAST AND HAVING A RADIUS OF 520.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 77054' 13" EAST;
THENCE NORTHERLY ALONG SAID CURVE T1IROUGII A CENTRAL ANGLE OF 100 08' 15",
AN ARC LENGTH OF 92.01 FEET;
THENCE NORTH 010 57' 32" WEST, A DISTANCE OF 60.55 FEET TO THE BEGINNING OF A
TANGENTIAL CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 229.10 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88002'28" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 270 08' 33",
AN ARC LENGTH OF 108.53 FEET;
THENCE NORTH 600 53' 55" EAST, A DISTANCE OF 45.52 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS APPROXIMATELY 36,773 SQUARE FEET.
SUBJECT TO ALL EASEMENTS, RIGHTS, RIGHT-OF-WAY, AND COVENANTS
OF
RECORD.10-' (-
D)Page 3 of
EXHIBIT "A"
LEGAL DESCRIPTION FOR
STREET VACATION
STREET VACATION:
THOSE PORTIONS OF VISTA RIDGE DRIVE OF TRACT NO. 10439, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 489
PAGES 27 THROUGH 32, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEG]NNING AT THE MOST SOUTHWESTERLY CORNER OF LOT] OF SAID TRACT 10439
WHICH [S ALSO A POINT ON THE RIGHT-OF,WAY OF VISTA RIDGE DRIVE; AND
THE BEGINNING OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 287.63 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 62013'
12"
WEST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 250 49'
16",AN ARC LENGTH OF 129.62
FEET;THENCE SOUTH 010 57' 32" EAST, A DISTANCE OF 60.55 FEET TO THE BEGINNING OF
A TANGENT[AL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 880 02' 28"
EAST;TIIENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10008'
15",AN ARC LENGTH OF 84.22
FEET;THENCE SOUTH )2005' 47" EAST, A DISTANCE OF 200.72 FEET TO TIlE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 476.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 770 54' 13"
EAST;THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 18'
45",AN ARC LENGTH OF, 135.52
FEET;THENCE SOUTH 280 24' 32" EAST, A DISTANCE OF 78.59 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVETO THE NORTH AND HAVING A RADIUS OF 25.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 610 35' 28"
EAST;THENCE EASTERLY ALONG SA[D CURVE THROUGH A CENTRAL ANGLE OF 90000' 00",
AN ARC LENGTH OF 39.27
FEET;THENCE SOUTH 240 18' 15" EAST, A DISTANCE OF 59.60
FEET THENCE SOUTH 52022' 19" WEST, A DISTANCE OF 10.94 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO TIlE NORTH AND HAVING A RADIUS OF 62.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 37037'4]"
WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1140 05' 48", AN ARC LENGTH OF123.46
FEET;THENCE NORTH 130 31' 53" WEST, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO TilE WEST AND HAV]NG A RADIUS OF 92.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76028'07"
WEST;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14052'
39",AN ARC LENGTH OF 23.89
FEET;THENCE NORTH 280 24' 32" WEST, A DISTANCE OF 15.73 FEET TO THE BEGINNING OF
A TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 520.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 61035' 28"
EAST;Page 4 of
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 160 18' 45",
AN ARC LENGTH OF 148.05 FEET;
THENCE NORTH (2005' 47" WEST, A DISTANCE OF 200.72 FEET TO THE BEGINNING OF A
TANGENTIAL CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 520.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 770 54' 13" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10008' 15",
AN ARC LENGTH OF 92.01 FEET;
THENCE NORTH 010 57' 32" WEST, A DISTANCE OF 60.55 FEET TO THE BEGINNING OF A
TANGENTIAL CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 229.10 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88002'28" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27008' 33",
AN ARC LENGTH OF 108.53 FEET;
THENCE NORTH 600 53' 55" EAST, A DISTANCE OF 45.52 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS APPROXIMATELY 36,773 SQUARE FEET.
SUBJECT TO ALL EASEMENTS, RIGHTS, RIGHT-OF-WAY, AND COVENANTS
OF
RECORD.0-'
r-t:>'Page 5
EXHIBIT "B"
SHEET 1 OF 1
VACATION SKETCH
LL-I I --..J
VISTA
CREST ROAD L177
178
179 180 .....173 174
175 176 3 171 /
172 "-
2 "-P.
O.
B. '. ,/C2
11 \
I ,/l.- . ,/SUMMIT
l J 1189I190 / /
J
191/SCALE:
1"- 200'
0",'-
0
I
LINE BEARING DISTANCE URVE
DELTA R L L1N01'
5732 60.55'
C1 25'49'16" 267.63' 6
L2 N12'0547 0.7 ' C2 10'06'15" 6.00' 64
2'L3 N26'2432 6.5 ' C3 16'16'45" 76.0 ' 5 'L4 N24'1615 59.60 C4 90'00'00" 0' 3 ,L5
10.94 C5 114'05'46' .0 ' 1 4'L6 N1 '3153 50.00 C6 14'52'39 92.00' 23.69'N26'2432 15.73 C7 16'1645 20.00' 146,05'L6N60'5355 E 45.52 C6 10'06'15" 20.00' 92.01'C9 27'0633 29.10' 106.53'Page of 6 of 11
PVt--VMll\lt~--......JLOIII ~,
EXHIBIT "B"
SHEET 1 OF 1
VACATION SKETCH
U---
J I VISTA
CREST ROAD J
172 177 .
178
179 180 173 \ 174
i 175 I 176 I I I I i- .l-..-.
L ~39.-
L.-L.-
L-
i./O. \() ,-'0
fR~C't
I /'V'I
171
I
I J
I
3
2
L7
C2
P.
O.
B... ,/1 /
189 /
190 / /1191/2
J
SCALE:
1"-
200'
p-~~
rDI~~I~/~ ~'
o~k\E."r. '
l-
j:
D'&'.~,::}
if' ;::,1/
069 ' /fIc~;j O-,,-
Or
LINE BEARING Ll N01"5732
L2
N12"0547
L3 N26"
2432"W L4
N24"1615 L5
L6 N13"3153
N26"2432 N60"
5355
E DISTANCE 60.55'
200. 2'
59'59.60
10.
94'50.
00 15.
73
45.52
URVE Cl
C2 C3
C4 C5
C6 C7
C6
C9
DELTA
R
L
25"
49'
16"
67.
63'
12 6 10"
06'15" 6.00' 6422'16"16'
45" 6.0' 13 5 '90"
00'00" 2 ' 7'114"05'46'
0' 1 6'14"52'
39 92.00' 23.69'16'
16"45" 20.00' 146.05'10"
06'15" 20.00' 92.01'27'
06 33 29.10' 106.53'L6
Page 7 of 11 IMDIILllVINIt/'14011e/____a.
mw
4/'.1111