RES-8810 Ordering Summary Vacation of an EasementRESOLUTION NO. 8810
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ORDERING THE SUMMARY
VACATION OF AN EASEMENT FOR ACCESS TO
AND MAINTENANCE OF PUBLIC UTILITIES.
WHEREAS, Southern California Presbyterian Homes is the owner of certain
property underlying a City easement for access to and maintenance of public utilities and
has requested the City to vacate and abandon said easement; and
WHEREAS, the Streets, Highways and Service Easements Vacation Law
California Streets and Highways Code Sections 8300 et seq.) provides that the City
Council may summarily vacate a public service easement under specified circumstances;
and
WHEREAS, the City Council of the City of Orange hereby finds and determines
that the easement for access to and maintenance of public utilities described in the
Quitclaim Deed and map attached hereto as Exhibits "A" and "B" respectively, has not
been used for the purpose for which it was dedicated or acquired for five (5) consecutive
years immediately proceeding the date of adoption of this resolution; and
WHEREAS, there are no current public utility facilities located within the subject
easement and said easement is unnecessary for present or prospective public purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
Section I:
That the City Council of the City of Orange finds from all of the evidence
submitted that the above findings are true and correct and orders the summary vacation of
said easement, as so described, be and it is hereby granted.
Section II:
Upon payment by property owner of the requisite City administrative fees, the
City Clerk is authorized and directed to cause a certified copy of this resolution of
vacation, attested by the Clerk and under the seal of this City to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in the office of the
recorder of the County of Orange.
Section III:
That from and after the date of such recordation, the subject easement shall no
longer constitute an easement for access to and maintenance of public utilities.
ADOPTED this 26th day of August, 1997.
r1
ATTEST:
I hereby certify that the foregoing Resolution was duly and regularly adopted by
the City of Orange at a regular meeting thereof held on the 26th of August, 1997, by the
following vote:
AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON
ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
RESO NO. 8810 2-DPWE-
d,8267#
Recording Requested By and
When Recorded Return To:
ExHIBIT A
Southern California Presbyterian Homes
1111 North Brand Boulevard, Suite 300
Glendale, CA 91202
Document Transfer Tax $ None
Computed on Full Value of Property Conveyed
or Computed on Full Value Less Liens and
Encumbrances Remaining at Time of Sale
Signature of Declarant or Agent determining tax
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is herebyaclmowledged, , a
hereby REMISES, RELEASES AND FOREVER QUITCLAIMS 10 Southern CaliforniaPresbyterianHomes, a California nonprofit corporal ion, to have and to hold forever, all of hisright, title and interest in and 10 all that certain real property located in the City of Orange,County of Orange, Stale of California, and more particularly described as follows:
nlat certain IlOn-exclusive easement for ingress, egress, maintenance andincidentalpUlposesoverandacrosstheWest42.00 feet of Lots 3, 4 and 5; and the South 40.20 feet of the West 42.00 feet of Lot 2 of Tract 14510, as shown on a map recordedinBook693, pages 9 and 10 of Miscellaneous Maps in the Office of the CoUntyReCQrderofsaidCounty, said easement having been reserved in thai certain Gram Deed fromGraceBaptistChurchofOrangetoClow & Clow, Inc., recorded October 30, 1992, asI~trument No. 92-738768 in the Official Records of said
County.
Date:
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