SR - RES-10979 - SUMMARILY VACATING A PORTION OF CHAPMAN AVENUE1. SUBJECT
RESOLUTION NO. 10979 - A Resolution of the City Council of the City of Orange summarily
vacating a portion of Chapman Avenue, commonly referred to as Assessor's Parcel No. 231 -061-
04, as excess street right of way that is no longer needed for street purposes.
2. SUMMARY
The subject property was acquired in 1965 as a portion of a larger parcel for street purposes. This
parcel was never utilized for street purposes. The City is authorized to summarily vacate
property (i.e., notice is not required) which has been dedicated to it if the property is no longer
needed for street purposes and meets other specified criteria noted below.
13. RECOMMENDED ACTION
Adopt Resolution No. 10979.
4. FISCAL IMPACT
There will be no financial impact to the City to vacate the street easement.
1 5. STRATEGIC PLAN GOAL(S)
Id. Provide for a safe community — Assure the development of the City occurs in a fashion that
maximizes public safety.
2d. Be a fiscally healthy community — Effectively manage and develop City assets.
6. GENERAL PLAN IMPLEMENTATION
Economic Development Element Goal 4.0 Encourage economic development efforts through
outreach and maintenance of a pro- active business environment.
Policy 4.3: Where appropriate, consolidate inadequately sized land or land owned by multiple
owners into parcels suitable for integrated development with improved pedestrian and vehicular
circulation.
7. DISCUSSION and BACKGROUND
The subject property was acquired in 1965 as a portion of a larger parcel for public road and
highway purposes. This parcel, Assessor's Parcel No. 231- 061 -04, lies behind the sidewalk and
has never been utilized for a public road or highway. This parcel measures 20' x 30' for a total of
600 square feet. The property is located on the south side of W. Chapman Avenue between
Manchester Avenue and Lewis Street. The parcel is adjacent to an office building and is
currently landscaped and maintained by the office building management. The City has no current
or projected plans that would require the use of this parcel for street purposed.
The City is authorized to summarily vacate an easement for street purposes (i.e., notice is not
required) which has been dedicated to it i£ (1) the property is no longer needed for street
purposes; (2) the easement being vacates is totally within the property of one owner; and (3) the
easement does not touch upon the property of another property owner. This easement is not
needed for present or prospective road projects. The easement is totally within the ownership of
EOP Operating Limited Partnership. As such, staff recommends the vacation of this portion of
Chapman Avenue. The attached resolution will vacate any street interest the City has and will
allow EOP Operating Limited Partnership to develop and maintain it. Any underlying public
utility easements are being reserved.
8. ATTACHMENTS
• Resolution No. 10979.
• Assessor's Map
• Street level photograph of site.
RESOLUTION NO. 10979
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SUMMARILY
VACATING A PORTION OF CHAPMAN
AVENUE AS EXCESS STREET RIGHT OF
WAY THAT IS NO LONGER NEEDED FOR
STREET PURPOSES.
WHEREAS, pursuant to Streets and Highways Code Sections 8334, the City may
summarily vacate an excess street easement if the easement is no longer required for street
purposes and it lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the street easement on the south side of Chapman Avenue, east of Lewis Street, as
depicted on the map attached hereto as Exhibit A and more particularly described as
Assessor's Parcel No. 231 - 061 -04 is no longer needed for street purposes, lies within
property under one ownership and does not continue through such ownership or end touching
the property of another; and
WHEREAS, all existing public utility easements, if any, shall be reserved; and
WHEREAS, the City Council finds and determines, based upon the existing uses of
the subject real property, that the proposed vacation of the subject real property 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; and
WHEREAS, pursuant to Section 65402 of the California Government Code, the City
Council finds and determines that the location, purpose and extent of the proposed vacation
of the subject real property has been reported on by the Director of the Community
Development Department of the City of Orange and that said proposed vacation of the
subject real property conforms to the City's adopted general plan.
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 street easement on the south side of Chapman
Avenue as generally depicted on the map attached as Exhibit A and more particularly
CITY COUNCIL MINUTES OCTOBER 11, 2016
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 10962 (C2500.J.4.7)
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment for part-time and seasonal employees of the City
of Orange effective July 1, 2016 through and including June 30, 2017 and repealing
Resolution No. 10893 and amendments thereto, for said employees.
ACTION: Approved Resolution No. 10962, and authorized staff to make the necessary
budget adjustments and /or appropriations to the departments' salary and benefit accounts
to fund the increased costs of the contract.
3.18 Number Not Used.
3.19 RESOLUTION NO. 10974 (C2500.J.4.4.1)
A Resolution of the City Council of the City of Orange Approving the Memorandum of
Understanding between the City of Orange and the Water Division Employees'
Association (WDEA), Concerning Wages, Hours, and other Conditions of Employment
Effective July 1, 2015, through and including June 30, 2017, and Repealing Resolution No.
10764 and Amendments thereto for said Employees.
ACTION: Approved.
3.20 RESOLUTION NO. 10968 (C2500.J.4.3.1)
A Resolution of the City Council of the City of Orange Repealing Resolution No. 10778
and Implementing the Memorandum of Understanding between the City of Orange and the
Orange Fire Management Association Concerning Wages, Hours, and Other Conditions of
Employment for the period of July 1, 2015, through and including June 30, 2017.
ACTION: Approved.
3.21 RESOLUTION NO. 10976 (C2500.J.4)
A Resolution of the City Council of the City of Orange authorizing and approving a
Citywide Salary Schedule in accordance with the requirements of California Code of
Regulations, Title 2, Section 570.5.
ACTION: Approved.
3.22 RESOLUTION NO. 10979 (S4000.S.4)
A Resolution of the City Council of the City of Orange summarily vacating a portion of
Chapman Avenue, commonly referred to as Assessor's Parcel No. 231 - 061 -04, as excess
street right of way that is no longer needed for street purposes.
ACTION: Approved.
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