RES-10346 Vacation of Property at Cannon St. and Valencia Dr.RESOLUTION NO. 10346
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF
CANNON STREET AND VALENCIA DRIVE IS NO
LONGER NEEDED BY THE PUBLIC, 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 Cannon Street and Valencia Drive generally depicted on the map attached
hereto as Exhibit B and more particularly described on Exhibit A was dedicated to the City
pursuant to a tract map recorded in 1963 has been superseded by relocation, is excess right-
of-way of a street or highway that is no longer required for such purposes, 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
will not terminated any public service easements;
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 has previously adopted Resolution No. 9691 making inapplicable the
requirement that a report be prepared regarding whether the disposition of real property for
street purposes is in conformance with the City's General Plan. Since this vacation concerns
the disposition of property used for street purposes, no report from the planning director
is
required.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
Section 2. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways
Code (commencing at Section 8330), that portion of Cannon Street and Valencia Drive
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 eXlstmg
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 Cannon Street and
Valencia Drive 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 Cannon Street and Valencia Drive 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. Prom and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Cannon Street and Valencia Drive 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 13th day of January, 2009.
ATTEST:
City Clerk,
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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 13th day of January, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Smith, Cavecche, Dumitru, Bilodeau
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Murphy
COUNCIL MEMBERS: None
Mary E.
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