RES-10619 Vacating Portion Street EasementRESOLUTION NO. 10619
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF A STREET EASEMENT AT THE
SOUTHWEST CORNER OF ROBINHOOD PLACE
AND SANTIAGO BOULEVARD AS EXCESS
STREET RIGHT OF WAY THAT IS NO LONGER
NEEDED FOR STREET PURPOSES.
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 street easement at the southwest corner of Santiago Boulevard and Robinhood Place,
as depicted on the map attached hereto as Exhibit B and more particularly described on
Exhibit AS is no longer needed for street purposes, has been impassable for vehicular traffic
for at least the last five years and that no public money was expended for maintenance on the
street easement during that period; 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 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 Streets and Highways Code sections 8330 et seq., the street
easement at the southwest corner of Santiago Boulevard and Robinhood Place as generally
depicted on the map attached as Exhibit B and more particularly described in 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 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 street easement at the southwest corner of Santiago Boulevard
and Robinhood Place 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 13 day of December, 2011.
ATTEST:
Mar., E. , City C range
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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 13 day of December, 2011, by
the following vote:
AYES:COUNCIL MEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCIL MEMBERS:None
ABSENT:COUNCIL MEMBERS:None
ABSTAIN:COUNCIL MEMBERS:None
Mary *Eu , City Cle f Orange
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