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)
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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.
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