RES-8119 Ordering the Vacation and Abandonment of Right of Way EasementRECORDING REQUESTED
BY AND MAIL. TO:
CITY OF ORANGE, CITY CLERK
300 E. Chapman Ave. RESOLUTION NO. 8119
Orange, CA 92666
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ORDERING THE
VACATION AND ABANDONMENT OF A 556.07
FOOT PORTION OF THE WINDES DRIVE
RIGHT-OF-WAY EASEMENT
BEGINNING AT ITS TERMINATION AT
SANTIAGO OAKS
REGIONAL PARK.WHEREAS, the City Council of the city of Orange did,
on the loth day of November, 1992, adopt Resolution No.
8109 entitled:A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE GIVING NOTICE
OF THE INTENT TO VACATE AND ABANDON A
556.07 FOOT PORTION OF THE WINDES
DRIVE RIGHT-OF-WAY EASEMENT,
BEGINNING AT ITS TERMINATION AT
SANTIAGO
OAKS REGIONAL PARK.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 esq.,specifically Sections 8320
through 8325; and WHEREAS, the City Council in said Resolution
referred to a plan for the vacation of the portion of
the aforementioned City street on file in the Office of the City
Clerk for further particulars as to the proposed vacation,
abandonment, and closing I.... _ _..,-,' ,. ~ _-"__ _ -----&.1. 1-_
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7
COilNCIL
MEMgE!~
s':' ~-PT.;R~F.
nN~ - ~rpR-TN1<:J~ MAV()RRFV....
R
AARR"l<'R!\Jer. 1992. IJY 11.11; .LV..
VW.l.1Y
vu\..c.re9u~dr mee~~ng ~ereorne~
a on ~ne 8~n aay or Decew requ~ar~Y aaoDted by the
City Council of the City of Or"naA "t T hl:3!1""phv ('!PTT; -
Fv Th;:llt- t-h.a i=',..",....al"t:_;nl"'f 'Doe!,.."ll'l...;n.... T.T~a ;lnlu ~.....A J .).).
WHEREAS, 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 hearing
did hear evidence thereon, whereupon said public hearing was
closed; and
WHEREAS, the City Council finds from all evidence submitted
that the portion of said easement for road purposes described in
the Resolution of Intention and hereinafter described, is
unnecessary for present or prospective road purposes and that an
order vacating and abandoning such street should be made.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange, as follows:
1. That it finds the recitals hereinabove set forth in
Resolution to be true.
2. That it finds from all evidence submitted that the
said easement for road purposes described in said Resolution is
unnecessary for present or prospective public purposes.
3. That all existing public utility easements, that is to
say water, sewer, telephone, cable television, electrical, gas,
etc., shall be reserved.
4. That it does hereby order that portion of said
easement for road purposes be, and it is hereby vacated, abandoned,
and closed to public use on the date when all conditions precedent
herein have been satisfied.
5. That the portion of said easement herein ordered
vacated, abandoned, and closed for public use is that certain
easement described in Resolution No. 8109, is situated in the city
of Orange, County of Orange, State of California, and is more
particularly described in Exhibit "A" and shown cn the map included
as Exhibit "B". Said Exhibits are attached hereto and made a part
hereof. Exhibit "B" shall not be pUbliShed.
6. That the fees for this abandonment will be $150
payable by the County of Orange prior to recordation of this
abandonment.
BE IT FuRTHER RESOLVED that the City Clerk be, and she is
hereby authorized and directed to cause a certified copy of this
Resolution and order, attested by her under the seal of the city of
Reso No. 8119 2-
Orange, to be recorded in the Office of the County Recorder of
orange County, California.
ADOPTED this 8th day of
ATTEST:
fIl ~~~e
I hereby certify that the foregoing Resolution
regularly adopted by the City council of the city of
regular meeting thereof held on the 8th day of
1992, by the following vote:
was duly and
Orange at a
December
AYES: COUNCIL MEMBERS: SPURGEON, STEINER, MAYOR BEYER, BARRERA,
COONTZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
F!cUd~ffJ Q gen., ./?---.-city ClerkV
f thQ/Ci~ of Orange RDH:dg
3-Reso No. 8119
EXHIBIT A
IN THE CITY OF ORANGE
COUNTY OF ORANGE, STATE OF CALIFORNIA
That portion of Yindes Drive, 40.00 feet wide, as described in the Deed of
Right-of-Yay recorded in Book 892, pages 109 through 111
inclusive, Official Records of said County, lying 20.00 feet each side of the
following
described centerline:Commencing at the westerly terminus of that certain Course No. 17 of
said Deed described as N. 89021'40"E. 150.70 feet; thence easterly along
said Course No. 17, N. 89021'40"E. 74.28 feet to the True Point of Beginning;
said point being identified by a punched spike with an Orange County Surveyor's Tag
as set with ties per O.C.S. Survey Notes H-91-44, page 4;
thence continuing along said Course N. 8902l'40"E. 76.42 feet to the easterly terminus of
said Course No. 17,said point lying S. 89021'40"Y. 76.05 feet from a 1" x 2" hub
and tack as shown on said Surveyor's Notes H91-44, page 3;
thence easterly and southeasterly along a curve concave southerly having a radius of 200.00
feet through a central angle of 41038'12" an arc length of 145.34 feet;
thence tangent to said curve S. 49000'08"E. (Rec. S. 49000'00"E. as Course No. 19 per
said Deed) 334.31 feet.Reserving there from the easement and right-
of-way at any time or from time-to-
time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and
storm drains and appurtenant structures in, on, over and across the above described
street or part thereof vacated and pursuant to any existing
franchise or renewals thereof vacated, or otherwise, to construct,maintain, operate,
replace, remove, renew and enlarge lines of pipe, conduits,cables,
wires, poles, and other convenient structures, equipment and fixtures for the operation
of gas pipelines, telegraphic and telephone lines and for transportation
or distribution of electrical energy, petroleum and its products,ammonia, water,
and for incidental purposes, including access to protect the property from all hazards in,
on
and over said street
or
txHlBlT B
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POINT Of COMMENCEMENT - WESTWY WMINUS Of
COUKS[ NO. 17. 800K 392. PACESI09-!Il. U.r
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00 fOOT WIDE EASEMENT fOK INCKESS ECKESS AND
PU811C UnllnES PUKPOSES AS DEDICATED
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r HU8 AND TACK PEK O.es.
SUKUEY NOrES H-9H*. PACE J.nUE
POINT
Of BECINNINC
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t 3911109-111
SCALE: r = 60'
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTEO BY:
nnuC ~ Q~-n~\~~~~
J.I' ...J 11' ~'iJ Y'U'Y 1'iJ'iJ"",'
l1-AUB-1993 09=
10 hM
n~ !i ANO WHEN RECORDED MAIL TO:Re(orded in Dffici~
l Records af Or3ns2
CQunty, California L~e A. Br~mcb
County Recorder F'agt; 1 uf (
1
f"____ "r!::~~. +'
f3:.;~
t,r.
v~')V fi
i\f
v.v'.;THIS SPACE FOR RECORDER'S
USE
ONLY
u r-THIS IS TO CERTIFY THAT THIS DOCUMENT
IS PRESENTED FOR RECORDING BY THE CITY OF
ORANGE UNDER GOVERNMENT CODE
SECTION
6103.1JUC<.&1<7'/
P !
J/)?/~un/Marilyn I.
Ie~en Title:
Agency Clerk THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR
RECORDING INFORMATION Additional recording
lee applies)eo-