SR - RES-10921 - VACATION EASEMENT 715 NORTH MALLARD STREETAGENDA ITEM
4
February 9, 2016
n 'A'•Annue �!
TY CP
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto,
City Manager
FROM: Joe DeFrancesco,
Public Works Di ector
ReviewedNerified
City Manager
Finance Director
To Be Presented By:
Joe DeFrancesco
X Cons Calendar
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Plan/Environ
1. SUBJECT
Resolution No. 10921 — A Resolution of the City Council of the City of Orange summarily
vacating any easement for slope purposes adjacent to the easterly boundary of the property at 715
North Mallard Street.
2. SUMMARY
Summarily vacate any easement for slope purposes adjacent to the easterly boundary of property
at 715 North Mallard Street. The owner at 715 North Mallard Street recently acquired the vacant
parcel located adjacent and to the east. This vacant parcel currently has a slope easement in favor
of the City of Orange. There is no need for a City slope easement and no need is anticipated in the
future. This resolution will eliminate any slope easement in favor of the City from the property
owner's title report.
3. RECOMMENDED ACTION
Adopt Resolution No. 10921.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL(S)
2d. Be a fiscally healthy community — Effectively manage and develop City assets.
ITEM � 1 2/9/16
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6. GENERAL PLAN IMPLEMENTATION
Land Use Element Goal 1.0: Meet the present and future needs of all residential and business
sectors with a diverse and balances mix of land uses.
Policy 1.4: Ensure that new development reflects existing design standards, qualities, and
features that are in context with nearby development.
7. DISCUSSION and BACKGROUND
As part of the original development of residential tract 4980 in 1963, the City obtained a slope
easement on vacant land along the eastern boundary of the tract on Mallard Street. That easement
was recorded May 6, 1963 in book 6536, page 752 of the official records of the County of
Orange.
The owner at 715 North Mallard Street recently acquired a portion of that vacant land lying
adjacent and to the east of his property. The owner desires to have the unnecessary slope
easement removed from the property title so he may utilize the newly acquired parcel to the
fullest and has paid the $1,000 fee to the City to have the easement vacated and subsequently
removed from the title report.
Streets and Highways Code Section 8333 states "The legislative body of a local agency may
summarily vacate a public service easement [in the case] ... (a) The easement has not been used
for the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation... " Therefore, the easement for slope protection purposes
adjacent to 715 North Mallard Street may be summarily vacated by Resolution No. 10921.
8. ATTACHMENTS
• Resolution 10921
• Area Map
JD;mw;ly
NA\Public Works\ADMIN\L.Young \Council Items \COUNCIL\Feb - 2016\2- 9- 16\Agenda - Reso 10921 - Vacation of Slope Easement - 715 N Mallard Street.docx
ITEM 2 2/9/16
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RESOLUTION NO. 10921
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SUMMARILY
VACATING THE PUBLIC SERVICE EASEMENT
(SLOPE EASEMENT) ALONG EASTERLY
BOUNDARY OF THE PROPERTY AT 715 NORTH
MALLARD STREET WHICH IS NO LONGER
NEEDED BY THE CITY.
WHEREAS, pursuant to Streets and Highways Code Section 8333, the City may
summarily vacate a public service easement (slope easement) if the easement has not been
used for the purpose for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation.
WHEREAS, the City Council of the City of Orange now hereby finds and determines
that that the public service easement (slope easement) is no longer required for City purposes
and has not been used for the purpose for which it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation, as described as Easement 1
on the map attached hereto as Exhibit A ; and
WHEREAS, the City Council finds and determines, based upon the existing uses of
the subject real property, that the proposed vacation of the public service easement (slope
easement) will not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not, therefore, subject to the California Environmental Quality Act
( "CEQA ") pursuant to Section 15060 of the State CEQA Guidelines.
NOW THEREFORE, the City Council resolves, on the basis of the facts set forth in
the agenda report presented to it and any testimony received at the meeting at which this matter
was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways
Code (commencing at Section 8330), the public service easement (slope easement) along the
westerly side of the City Drive is no longer required for City purposes and has not been used
for the purpose for which it was dedicated or acquired for five consecutive years immediately
preceding the proposed vacation as described as Easement 1, and shown on the map attached
as Exhibit A hereto, is hereby vacated effective upon recordation of this Resolution in the
Official Records of the County of Orange, State of California (the "Official Records ").
Section 3. The City Clerk is hereby authorized and directed to cause a certified
copy of this Resolution, attested by the City Clerk under seal, to be recorded without
acknowledgement, certificate of acknowledgement, or further proof in the Official Records.