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RES-10894 Vacating Public Service EasementRESOLUTION NO. 10894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING THE PUBLIC SERVICE EASEMENT (SLOPE EASEMENT) ALONG WESTERLY SIDE OF THE CITY DRIVE BETWEEN THE 22 FREEWAY AND PARK CENTRAL AVENUE 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 in a legal description as Exhibit A and shown on the map attached hereto as Exhibit B ; 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, BE IT RESOLVED by the City Council of the City of Orange 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 in Exhibit A , and shown on the map attached as Exhibit B 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 westerly side of The City Drive 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 in Exhibit A , and shown on the map attached as Exhibit B 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 10 day of November, 2015 Teres E. Smith, Mayor, City of Orange ATTEST: Mary E. rph , ity Clerk, City o nge 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 10 of November, 2015, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. , ity Clerk, Cit Orange Resolution No. 10894 2 W W W EXHIBIT A EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS BOLSAS, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51. PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 29 OF TRACT NO. 9521, AS SHOWN ON A MAP RECORDED IN BOOK 415, PAGES 41 TO 44 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 68° 05' 11" EAST 137.00 FEET; THENCE SOUTH 26° 58' 10" EAST 90.40 FEET; THENCE SOUTH 14° 08 WEST 127.03 FEET; THENCE SOUTH 68° 05' 11" EAST 34.73 FEET TO THE WESTERLY LINE OF THE CITY DRIVE FORMERLY MANCHESTER AVENUE) BEING 50.00 FEET PARALLEL WITH AND NORTHWESTERLY OF THE EXISTING CENTERLINE OF THE CITY DRIVE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 21 ° 54' 49" WEST 112.76 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 68° 08' 15" WEST 201.70 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 247.58 FEET; THENCE ALONG SAID CURVE 55.76 FEET THROUGH A CENTRAL ANGLE OF 12° 54 TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 34° 45'58" WEST; THENCE NORTH 21 54'49" EAST 292.04 FEET TO THE POINT OF BEGINNING. APN: 231 -303 -18 EXHIBIT B ztwo 0, 5:w HMO v to d O tl Y H gU 0 W V 3 Q h I ti 0 M r 9661 dOWSSY AJN00J 30NYd+0 1N91NAdOJ m 03Ad353N S1IMOld 77Y 03J000Xd3H 39 01 !ON 'S3Sn 8MO 803 A11718Y11 ANY S.MM NON AJYd91JJY Sl1 01 SY 331NYNYnO ON S3xrN &OSS3SSY 3N1 A W S3SOdNnd '100 11OSS3SSY A1Nn03 39NYN0 HOd 03NYd3dld SYN ON S1N1 8z 0 01 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103 and 27383 And Per Street and Highway Code 8325 Recording requested by and when recorded return to: City Clerk City of Orange 300 East Chapman Avenue Orange, CA 92866 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 111111 1III1111111111111111111111111111111111111111111111 I1111111 NO FEE 2015000625869 9:49 6 8 am612/10/15 105 415 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 SPACE ABOVE FOR RECORDER'S USE) J RESOLUTION NO. 10894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY VACATING THE PUBLIC SERVICE EASEMENT (SLOPE EASEMENT) ALONG WESTERLY SIDE OF THE CITY DRIVE BETWEEN THE 22 FREEWAY AND PARK CENTRAL AVENUE WHICH IS NO LONGER NEEDED BY THE CITY. 71 I W #' k5 - f,6