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RES-10921 Vacating The Public Service EasementRESOLUTION 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. Section 4. From and after the date a certified copy of this Resolution is recorded in the Official Records, the public service easement (slope easement) along the easterly boundary of 715 North Mallard Street and has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately proceeding the proposed vacation as described as Easement 1 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 ") shall no longer constitute an easement for public service purposes (slope easement). ADOPTED this 9 day of February, 2016. ATTEST: Mary E. hy, City Clerk Orange Teresa E. Smith, Mayor, City of Orange I, MARY E. MURPHY, City 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 thereof held on the 9th day of February, 2016, by the following vote: AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. Mur ity Clerk, C range Reso. No. 10921 2 EXHIBIT A CITY OF ORANGE LOT LINE ADJUSTMENT LLA 2015 • S SITE PLAN) OWNER OF PROPERTY PROPOSED PARCEL. GABRIELA G. RODRIGUEZ, TRUSTEE OF THE PARCEL A 333 IRREVOCABLE TRUST DATED JANUARY 28, 2014 EASEMENTS ABU 1Q SLOPE EASEMENT FOR CITY OF ORANGE GROSS 15442 SFREC. MAY 6, 1963 IN BOOK 6536 PG 752 O.R. NET 12359 SFItANEASEMENTFORPOLELINESCONDUITS REC. MARCH 21, 1963 IN BOOK 6556 PAGE 714 O.R. AN EASEMENT FOR POLE LINES CONDUITS REC. JULY 10, 1963 IN BOOK 6624 PAGE 901 O.R.1 DRAINAGE EASEMENT PER TR NO. 4980 I N89'1 8'38"E 78.66' REC. MAY 10, 1963 IN BOOK 178 PAGES 32 -33 MM i L EG= 10 i OLD PROPERTY LINE TO BE REMOVED 1 1 CENTERLINE i o`erPROPERTYLINETOREMAIN WROUGHT IRON FENCE WALL co Af IRON FENCE ON PROPERTY LINE rn of i 1WROUGHTN89'18'38 "E 95.6f 1 4 43.60' ad 116'1 EiP 00 rn j i o 16.70' N i a` G 143.60 rn 1 ' o 1 () 1 I Z y 9 li 16.70' LAND SGT` co ARp zS' , No. L9 9506 CURVE DATA R Ayoo pL1FO1D= 13'16'25" R= 50.00' L =11.58' Q2 D =74'04'15" R =50.00' L =64.64' X z 378 -27 `' d M 1'. Zt n n n n 0 4-4 -4 -q V V QD On 0 4 a n 14 33Ci a O ao o v i a^sta vvi = O• N rb d • d W 00 w V a _ +a• yb o y w M 378 -26 AVEMS ssaes i bi A y N It iG o w w y o / w O a v a N A 6x w 0 O ti4 T1 OAKAmr a AVENUE3, Za n W4i—" 2mc w zz C , ) a _ +a• yb o y w M 378 -26 AVEMS ssaes i bi A y N It iG o w w y o / w O a v a N A 6x w 0