RES-10409 Vacation and Authorization of Sale of Portion of Almond AvenueRESOLUTION NO. 10409
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT A PORTION OF
ALMOND AVENUE IS NO LONGER NEEDED BY
THE PUBLIC AND ORDERING THE VACATION
THEREOF AND AUTHORIZING THE SALE
THEREOF TO THE COUNCIL OF ORANGE
COUNTY SOCIETY OF ST. VINCENT DE PAUL, A
CALIFORNIA NON-PROFIT PUBLIC
BENEFIT CORPORATION, OR ITS NOMINEE OR
ASSIGNEE.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 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, or (ii) if the street or highway has
been superseded by relocation, or (iii) if a portion of a street or highway is excess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
Almond Avenue, 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 Almond Avenue, 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) is excess right-of--way that is
no longer required for such purposes, and (iii) is not needed for any
prospective public street purposes; and WHEREAS, the vacation of that portion of
Almond Avenue 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, all existing public utility easements (if
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 Almond Avenue
generally depicted on the map attached hereto as Exhibit B and more particularly described
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 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 that was once used for street purposes, no report from the City's
Director of Community Development is required.
WHEREAS, pursuant to Section 8355 of the Streets and Highways Code, the City is
authorized to sell or exchange a street, highway or public service easement, title to which is
owned by the City, in the manner, and upon the terms and conditions, approved by the City
Council; provided that the City Council first determines that said street, highway or public
service easement is no longer needed by the public; and
WHEREAS, as authorized by Section 8355 of the Streets and Highways Code and for
the common benefit of the City, the City Council desires to sell the vacated portion of Almond
Avenue to the Council of Orange County Society of St. Vincent de Paul, a California non-
profit public benefit corporation, or its nominee or assignee (St. Vincent de Paul), for the sum
of Seven Thousand and No/100 Dollars ($7,000.00); and
WHEREAS, the vacated portion of Almond Avenue has been appraised as having a
fair market value of Seven Thousand and No/100 Dollars ($7,000.00) and the purchase price
payable by St. Vincent de Paul is in accordance with said appraisal; and
WHEREAS, St. Vincent de Paul proposes to acquire the vacated portion of Almond
Avenue for the sum of Seven Thousand and No/100 Dollars ($7,000.00) and under the
authority granted to the City by Section 8355 of the Streets and Highways Code.
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. The City Council finds and determines, based upon the existing uses of
the subject real property, that the proposed vacation of that portion of Almond Avenue
generally depicted on the map attached hereto as Exhibit B and more particularly described
on Exhibit A and its subsequent sale to St. Vincent de Paul 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
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Section 3. Pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways
Code (commencing at Section 8330), that portion of Almond Avenue, 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); provided, however, that 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 property; and
2) the easement and right at any time, or from time to time, to construct, maintain, operate,
replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in,
upon, over, and across that portion of Almond Avenue proposed to be vacated and, pursuant
to any existing franchise or renewals thereof, or otherwise, to construct, mai:~tain, 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, railroad lines, and for the transportation or distribution of electric
energy, petroleum and its products, ammonia, and water, and for incidental purposes,
including access to protect these works from all hazards in, upon, and over that portion of
Almond Avenue proposed to be vacated.
Section 4. That portion of Almond Avenue proposed to be vacated for public
street purposes are no longer needed by the public and are unnecessary for present or
prospective public use for the reasons described in the agenda report accompanying this
Resolution.
Section 5. This City Council hereby approves the sale of the vacated portion of
Almond Avenue to St. Vincent de Paul for the sum of Seven Thousand and No/100 Dollars
7,000.00) and authorizes and directs that the vacated portion of Almond Avenue be sold to
St. Vincent de Paul and hereby authorizes and directs the Mayor to execute, and the City
Clerk to attest, a quitclaim deed on behalf of the City and to sign and deliver said quitclaim
deed to St. Vincent de Paul and take all other actions necessary and appropriate to carry out,
implement and administer the City's obligations under this Resolution.
Section 6. 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 7. From and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Almond Avenue, 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 10th day of November, 2009
ATTIN.ST:
l~
Mary E ,City Cle ange
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 10th day of November, 2009, by
the following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
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