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RES-8319 Ordering Vacation and Abandonment of Portion of Prospect Street EasementRe:;xding requested by c"d mail to: City of Orange, City Clerk 300 E. Chapman Ave. Orange, CA 92666 RESOLUTION NO. 8319 A RESOLUTION OP THB CITY COUNCIL OP THE CITY OP ORANGB ORDBRING THE VACATION m ~l',1mcmm14"T OF 'i'HA~' POiC.:.tiU)l 01' 'I'D PROSPBCT STREBT RIGHT-OP- WAY BASEMENT ADJOINING BOND AVENUB AND RUNNING APPROXIMATBLY 550 PBBT NORTH.WHEREAS, the City Council of the City of orange did, on the 22nd day of February, 1994, adopt Resolution No. 8304 entitled:A RESOLUTION OP THE CITY COUNCIL OP THB CITY OP ORANGB GIVING NOTICB OP THE INTBNT TO VACATB AND ABANDON A PORTION OP THB PROSPBCT STREBT RIGHT-OP-WAY BASEMENT ADJOINING BOND AVENUB AND RUNNING APPROXIMATBLY 550 PBBT NORTH.WHEREAS, in the said Resolution the Council declared its intention to vacate and abandon and close to public use a certain portion of an easement for street purposes upon, over, across,along and through the hereinafter described property in accordance with the Public streets, Highways and Service Easements Vacation LaW, California streets and Highways Code section 8300 et seq: and WHBREAS, on March 7, 1994, the Planning Commission found that the proposed vacation and abandonment is in conformity with the city's adopted general plan pursuant to the requirements of section 8313 of the Streets and Highways Code and Section 65402 of the Government Code: and WHEREAS, said Resolution No. 8304 was published on March 3 and 10, 1994, in the Orange city News, a newspaper of general circulation, printed, published, and circulated in the City of Orange, County of Orange, State of California: and WHBREAS, by said Resolution, the City Council directed that notices of the hearing on the matter of the vacation, abandonment and closing to public use of that portion of said easement for road purposes be posted conspicuously along the line of said easement :in ~_ mannqr r~~-:r_l~.:::~C. by lu\;;; uuci WHEREAS, Daniel Saucedo, Street Division, Department of Public Works, did on the 28th day of February, 1994, post conspicuously not less than three (3) such notices along the lines of that portion of public street to be abandoned, which notices were posted less than 300 feet apart and were posted at least two (2) weeks before such hearing: and WHBREAS, said city Council did at the Council Chambers,Civic Center, 300 East Chapman Avenue, in the city of Orange,conduct a public hearing on the matter of whether that portion of said easement for road purposes hereinafter described, should be vacated, abandoned, and closed to public use, and at said hearingdidhearevidencethereon, whereupon said public hearing wasclosed: and WHBREAS, the City Council finds from all evidence submittedthattheportionofsaideasementforroadpurposesdescribedintheResolutionofIntentionandhereinafterdescribed, isunnecessaryforpresentorprospectiveroadpurposesand that anordervacatingandabandoningsuchalleyshouldbemade. NOW, THEREPORE, BB IT RESOLVED by the city Council of thecityofOrange, as follows: 1. That it finds the recitals hereinabove set forth inResolutiontobetrue. 2. That it finds from all evidence submitted that the saideasementforroadpurposesdescribedinsaidResolutionis unnecessary for present or prospective public purposes. 3. That all existing public utility easements, that is tosaywater, sewer, telephone, cable television, electrical, gas,etc., shall be reserved. It is the intention that said publicutilityeasementsshallnotbevacatedandabandoned. 4. That it does hereby order that portion of said easementforroadpurpcccsbe, and it is hereby vacated, abandoned, andclosedtopublicuseonthedatewhenallconditionsprecedenthereinhavebeensatisfied. 5. That the portion of said easement herein orderedvacated, abandoned, and closed for public use is that certaineasementdescribedinResolutionNo. 8304, is situated in theCityofOrange, County of Orange, state of California, and ismoreparticularlydescribedinExhibit "A" and shown on the mapincludedasExhibit "B". Said Exhibits are attached hereto andmadeaparthereof. Exhibit "B" shall not be published. BB IT PURTHBR RESOLVED that the City Clerk be, and she isherebyauthorizedanddirectedtocauseacertifiedcopyofthisResolutionandOrder, attested by her under the seal of the cityofOrange, to be recorded in the Office of the County Recorder ofOrangeCounty, California. ADOPTBD this l5th day of March 1994. GENE BEYER MaYO~ the City of Mayor pro te~ Orange OrangeATTEST: I City RESO 8319 2- I hereby certify that the foregoing Resolution was duly andregularlyadoptedbytheCityCounciloftheCityofOrangeata regular meeting thereof held on the l~rh day of March 1994, by the following vote: AYES: COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER, COONTZ, MURPHY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SSH:dg 3-Reso 8319 I: CO~Plm TUI~ INrOR~RTlON: RECORD I NG REQUESTED BY: DOC " 94- 0228139 31-MAR- 1994 03;59 R~D WH[N R[CORD[ D ~Rll TO:Recorded in Offici~l Records of Oran3e County, C~lifcrni~Lee A. Br~nch~ County R~:Ofd&f Page 1 of 7 Fees: $ iax: $0.00 V.V'J THI S SPRCE FOR RECORDER' S USE ONLY THIS PRGE RODEO TO PRDUIDE RDEQURTE SPRCE FOR RECORDING INFORMRTlON Rdditional recording fee applies) IT' r' M r.. r EXif/DIT ^f~~UJ i 11 AU9UBt 17, 1992 w.o. 88043 LEGAL DZSCRIPTION FOR VACATION OF A PORTION OF PROSPECT STREET i That portion of Prospect Street within Lots 10 and 11 in Block C of The Land of Oge And Bond, in the City of Orange, County of Orange and in the unincorporated territory of the County of Orange, both in the State of California, as shown on map reGorded in Book 3, pages 430 and 431 of Miscellaneous Records in the office of the County Recorder of the County of Orange lying Easterly of the following described line: Beginning at a point in the Easterly sideline of Prospect Street, 82.00 feet wide, as shown on the map of Tract No. 13841, recorded in Book 674, pages 23 to 27 of Maps, in the office of the County Recorder of said County, said point being the Southerly terminus of that certain curve concave to the West and having a radius of 1541.00 feet; thence Northerly an arc distance of 383.97 feet through a central angle of 14'16'35" along said curve and its Northerly prolongation; thence tangent to said prolongation NlO.05'23"E a distance of 58.61 feet; thence Northerly an arc distance of 84.21 feet through a central angle of 4001'14" along a tangent curve concave to the West and having a radius of 1200.00 feet to a point in the Easterly sideline of Prospect Street, 70.00 feet wide, as shOwn on the map of said Tract No. 13841. And also lying Northerly of the following described line: n Page 2 Beginning at a point in the Northerly sideline of Bond Avenue as shown on the map of said Tract No. 13841, said point being the Westerly terminus of that certain curve concave to the North and having a radius of 240.00 feet; thence Easterly an arc distance of 103.90 feet through a central angle of 24047'17" along said curve and its Easterly prolongation to a point of tangency with the Westerly prolongation of the Northerly sideline of Bond Avenue, said sideline being parallel with and 40.00 feet Northerly of the centerline of said Bond Avenue; thence S89046'06"E along said Northerly sideline and its Westerly prolongation to a point of intersection with the Northeasterly line of Parcel 107.1 described in Easement Deed recorded in Book 5241, page 298 of Official Records in the office of the County Recorder of said county. EXH\B\l i~ c;2. d,,-......;._~_1' LOTIt} OF BLOCK C OF LI/ ND OF OGE 1/ BONO t'Gs.d" t:'.[I.. f... t:JQ EXHIBIT c;I Ii N6'3"5/ 8N 1~--- 0) .. ti"1" f:: ..... AI-r.: 1'.54. h- ~I' " q 4/" ." ! O I;; 1 i5In AREAOf P!< OSI'ECT STREET TO BE. VACATEO ,25, 500S", pi MORE Of? LESS of/'f, .t 1....____ 0 ;>9/3"---'_ R..."dO'un i f " rLOT 1101' BLOCK C t t; , =", OF OGU 8MD Q " ' 0 3D I' 40' :" I. ..... ... 1 .~o ~,~ .~ t.>> ~ ~ 11)1.' 1:) I '11 ~'e '"t' l;) I:: lo C'(! '<I ' 1 ,.,~.: fi I ~...' ~~ I ,,~. ~1 ~ - " l... I ";'{'' s-- ~ ~.::a 4.~" . I - '- r-d,.!~~ . . 1."/4 "7/ rI/,~",.Oi/ ' I I ' I ~' IQI - 1:" ; I ~ II I "' I i' p CF LANOt-; L / NE. LY LiNE .OF PAR.C. EL / 07./ 81< 524/ PG 298 OR l44' 4N~-W 2B. 3/'39. 900 N~~' Of"'N BOND ~ AVE'.8~.46'OfO"w 0