RES-10704 Vacating Southerly AlleyRESOLUTION NO. 10704
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT THE
SOUTHERLY 244.5 FEET OF THE ALLEY
LOCATED BETWEEN CENTER STREET AND
SHAFFER STREET, NORTH OF LA VETA
AVENUE, IS NO LONGER NEEDED BY THE
PUBLIC AND ORDERING THE VACATION
THEREOF, RESERVING ALL PUBLIC UTILITY
EASEMENTS.
WHEREAS, pursuant to Sections 8331 of the Streets and Highways Code, the City
may summarily vacate a street or highway if for a period of five consecutive years, the street
or highway has been impassable for vehicular travel and no public money was expended for
maintenance on the street or highway during such period; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the southerly 244.5 feet of the alley located between Center Street and Shaffer Street,
north of La Veta Avenue, generally depicted on the map attached hereto as Exhibit A and
has not been used for the purpose for which it was dedicated in 1905 and is not needed for
any prospective public street purposes; and
WHEREAS, the City Council of the City of Orange hereby reaffirms Resolution No.
23 (Series 1920), passed by the Board of Trustees of the City of Orange on January 26, 1920,
vacating the southerly 244.5 feet of the alley located between Center Street and Shaffer
Street, north of La Veta Avenue, generally depicted on the map attached hereto as Exhibit A;
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 the southerly 244.5 feet of the alley located
between Center Street and Shaffer Street, north of La Veta Avenue, generally depicted on the
map attached hereto as 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 all existing
easements for public utility facilities purposes and any right necessary to maintain, operate,
replace, remove or renew such public utilities within the southerly 244.5 feet of the alley
located between Center Street and Shaffer Street, north of La Veta Avenue vacated by this
Resolution.
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 the southerly 244.5 feet of the alley located between Center
Street and Shaffer Street, north of La Veta Avenue generally depicted on the map attached
hereto as Exhibit A shall no longer constitute a public street.
ADOPTED the 12 day of February, 2013.
ti
e
TereA E. Smith, May r, City of Orange
ATTEST:
Mary E. M . ity Clerk, City.Q4ange
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 12 day of February, 2013, by the
following vote:
AYES: COUNCIL MEMBERS: Bilodeau, Murphy, Smith, Whitaker, Alvarez
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mary E City Clerk of Orange