RES-10362 Vacation of Portion of Bronson St. for Street PurposesRESOLUTION NO. 10362
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF BRONSON STREET FOR STREET
PURPOSES.
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on the street or highway during such period, (ii) if the street or highway has been superseded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 desires to vacate a portion of Bronson Street,
which is generally depicted on the map attached hereto as Exhibit B and more
particularly described on Exhibit A, for 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 commonly known as Bronson Street, which is 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for maintenance during such period, (ii) has been superseded by relocation, (iii) is excess right-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 that portion of Bronson Street
generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit
A 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, there are no in-place public utility facilities that are
in use and would be affected by vacation of that portion of Bronson Street generally
depicted on the map attached hereto as Exhibit B and more particularly
described on Exhibit A; and WHEREAS, the City Council finds and determines, based
upon the existing uses of the subject real property, that the proposed vacation of
that portion of Bronson Street generally depicted on the map attached hereto as Exhibit
on Exhibit A 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 l5060 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 that was once used for street purposes, no report from the City's
Director of Community Development 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 commonly known as Bronson Street, which is 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 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 4. Prom and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Bronson Street, which is 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 12th day of May, 2009
ATTEST:
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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 Ii day of May, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Bilodeau
COUNCILMEMBERS: None
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