RES-10554 Vacating Portion of Water Line EasementRESOLUTION NO. 10554
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF A WATER LINE EASEMENT
LOCATED EAST OF NEWPORT BOULEVARD ON
SANTIAGO CANYON COLLEGE PROPERTY
WHICH IS NO LONGER NEEDED BY THE CITY.
WHEREAS, pursuant to Streets and Highways Code Section 8333, the City may
summarily vacate a water line easement if the 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 vacation; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the water line easement on a portion of Santiago Canyon College property, as depicted
on the map attached hereto as Exhibit A, is no longer needed for City purposes and has not
been used for the purpose for which it was dedicated for five consecutive years preceding
this vacation; 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 water line 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 water line easement east of Newport Boulevard
located on Santiago Canyon College property as generally depicted on the map attached 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 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 water line easement east of Newport Boulevard located on
Santiago Canyon College property generally depicted on the map attached hereto as Exhibit
A shall no longer constitute a public easement for water line purposes.
ADOPTED the 24 day of May, 2011.
ATTEST:
Mary E urph Clerk, i y 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 24 day of May, 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 E.City Cler of range
Reso. No. 10554 2 DAD