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RES-10347 Vacation of Property at Cannon St. and Valencia Dr.RESOLUTION NO. 10347 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more particularly described on Exhibit A was dedicated to the City pursuant to a tract map recorded in 1963 has been superseded by relocation, is excess right- of-way of a street or highway that is no longer required for such purposes, and is not needed for any prospective public street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 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 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. From 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: 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 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 o 6 Mary E.City Cle 3