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RES-10352 Vacation of Street or Highway Abutting State College Blvd. and I-5 Santa Ana FreewayRESOLUTION NO. 10352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SUMMARILY ORDERING THE VACATION OF A STREET OR HIGHWAY ABUTTING STATE COLLEGE BOULEVARD AND THE SANTA ANA FREEWAY BUT RESERVING ALL PUBLIC UTILITY EASEMENTS THEREIN. WHEREAS, the City of Orange (the City) is a municipal corporation exercising governmental functions and powers and organized and existing under the laws of the State of California; and WHEREAS, pursuant to Sections 8330, 8331 and 8334 of the California Streets and Highways Code, the City may summarily vacate a street or highway under one or more of the following circumstances: (i) 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money was expended for maintenance on the street or highway during such period, (ii) if the street or highway has been superseded by relocation, (iii) if the street or highway is excess right-of-way that is no longer required for such purposes, or (iv) if the street or highway is not needed for any prospective public street purposes; and WHEREAS, the City Council of the City of Orange hereby finds and determines that that portion of an easement for public road and highway purposes on real property generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A (i) has been impassable for vehicular travel for not less than five consecutive years and no public money was expended for maintenance during such period, (ii) has been superseded by relocation, (iii) is excess right-of-way of a street or highway that is no longer required for such purposes, and (iv) is not needed for any prospective public street purposes; and WHEREAS, the vacation of the street will not cut off access to any person's property which, prior to the adoption of this Resolution, had such access and will not terminate 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 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 that was once 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 correct. Section 2. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code (commencing at Section 8330), that portion of an easement for public road and highway purposes on real property 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 Mayor is authorized to execute, and the City Clerk to attest, a quitclaim deed in a form acceptable to the City Attorney for the purpose of remising, releasing and forever quitclaiming to Archstone Gateway LP, a Delaware limited partnership, any real property interest the City may have in and to the easement for public road and highway purposes, reserving and excepting, however, the easements and rights more particularly described in Section 4 of this Resolution. Upon execution thereof, the City Attorney is authorized to record the quitclaim deed in the Official Records following recordation of this Resolution in the Official Records. Section 4. 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; (2) the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew any existing sanitary sewers and storm drains and appurtenant structures in, upon, over and across the easement for public road and highway purposes vacated by this Resolution; (3) 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 the easement for public road and highway purposes vacated by this Resolution. Section 5. 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. 2 Section 6. 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 this 2ih day of January, 2009 ATTEST: 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 2ih day of January, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None L o Mary E. 3