Loading...
RES-11117 Vacating Portion of Road Easement17 ** r I" [@]ZKX1JWF991d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING A PORTION OF ROAD EASEMENT AT 5242 EAST LOMITA 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 the road easement on a portion of Parcel 1, of Parcel Map 82-134 and more particularly described as Road Easement Reservation on Grant Deed recorded May 27, 1958, in Book 4297, page 381 in Book of Miscellaneous Maps in the office of the County Recorder 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, BE IT RESOLVED by the City Council 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 road easement on a portion of Parcel 1, of Parcel Map 82-134 and more particularly described as Road Easement Reservation on Grant Deed recorded May 27, 1958, in Book 4297, page 381 in Book of Miscellaneous Maps in the office of the County Recorder 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 reserves and accepts from such vacation all existing easements for public utility facilities purposes and any right necessary to maintain, operate, replace, remove or renew such public utilities or other public improvements within the subject easement. Section 4. 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. Section 5. From and after the date a certified copy of this Resolution is recorded in the Official Records, the road easement on a portion of Parcel 1, of Parcel Map 82-134 and more particularly described as Road Easement Reservation on Grant Deed recorded May 27, 1958, in Book 4297, page 381 in Book of Miscellaneous Maps in the office of the County Recorder shall no longer constitute a public street. ADOPTED this 13th day of November 2018. Teresa E. Smith, Mayor, City of Orange ATTEST: i Robert Zo do, Chief Clerk, City of Orange STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, ROBERT ZORNADO, Chief Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting therefore held on the 13th day. of November 2018, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i Robert Zorodo, Chief Clerk, City of Orange Resolution No. 11117