RES-10743 Vacating Portion of Chapman AvenueRESOLUTION NO. 10743
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF CHAPMAN AVENUE, NORTH OF
RAMPART STREET AS EXCESS RIGHT OF WAY
THAT IS NO LONGER NEEDED BY THE PUBLIC
FOR STREET PURPOSES AND ORDERING THE
VACATION THEREOF AND RESERVING ALL
PUBLIC UTILITY EASEMENTS.
WHEREAS, pursuant to Streets and Highways Code Sections 8300 et seq., the City
may summarily vacate a street easement if the street easement is not needed for public street
purposes; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that portion of Chapman Avenue generally depicted on the map attached hereto as Exhibit B
and more particularly described on Exhibit A is not being used for the purpose for which it
was dedicated in 1987 and is not needed for any prospective public street purposes; and
WHEREAS, the vacation of the street easement will not cut off access to any
person's property which, prior to the adoption of this Resolution, had such access; and
WHEREAS, all existing public utility easements 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), that portion of Chapman Avenue generally depicted on
the map attached hereto as Exhibit B and more particularly described on Exhibit A, 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 excepts from such vacation: (1) all existing
easements for public utility facilities line purposes and any right necessary to maintain,
operate, replace, remove or renew such public utilities or other public improvements
underlying the subject easement, including, but not limited to, traffic detector loops and
control devices; and (2) the easement and right at any time, or from time to time, to construct,
maintain, operate, replace, remove, and renew an existing sanitary sewers and storm drains
and appurtenant structures in, upon, over, and across that portion of Chapman Avenue
vacated by this Resolution, and, pursuant to any existing franchise or renewals thereof, or
otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe,
conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for
the operation of gas pipelines, telegraphic and telephone lines, and for the transportation or
distribution of electric energy and water, and for incidental purposes, including access to
protect these works from all hazards in, upon, and over those portions of Chapman Avenue
proposed to be vacated.
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, that portion of Chapman Avenue generally depicted on the map
attached hereto as Exhibit B and more particularly described on Exhibit A shall no longer
constitute a public street.
ADOPTED the 26` day of November, 2013.
Teresa . Smith, Nfayor, City of Orange
ATTEST:
Y .
Mary E. u ` , City C , nge
2
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 26 day of November, 2013, by
the following vote:
AYES:COUNCIL MEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary E. City Clerk, Ci f Orange