RES-10419 Vacation of Portion of Chapman Avenue as Excess Street Right of Way3
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, California 92866
Attn: City Clerk
Recorded in Official Records, Orange County
Tom Daly, Clerk-
Recorder IIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIINIIIIIIIIIINIIIIIINIIIIIIII No
FEE 20100000069499:26 am 01/07/
10 143 415 R28
5 0.00 0.00 0.00 0.00 12.000.00 0.00 0.
00 SPACE ABOVE THIS LINE FOR RECORDER'S USE
ONLY.]EXEMPT FROM RECORDING
FEE PURSUANT TO GOVERNMENT
CODE SECTIONS 6103 AND
27383.RESOLUTION NO.
10419*A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE SUMMARILY VACATING A PORTION
OF CHAPMAN AVENUE AS EXCESS STREET RIGHT OF
WAY THAT IS NO LONGER NEEDED FOR STREET
PURPOSES.THIS RESOLUTION NO. 10419 IS BEING RECORDED FOR THE PURPOSE
OF REPLACING AND RESTATING THAT CERTAIN RESOLUTION NO. 10419,
WHICH WAS RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY OF
ORANGE,STATE OF CALIFORNIA ON DECEMBER 18, 2009 AS INSTRUMENT
NO.2009000679546 (THE "ORIGINAL RESOLUTION"). THIS RESOLUTION NO.
10419 CHANGES THE REFERENCE IN SECTION 5 OF THE ORIGINAL
RESOLUTION TO REFLECT THE CORRECT NAME OF THAT PORTION OF
CHAPMAN AVENUE THAT WAS SUMMARILY VACATED BY THE ADOPTION OF
THE ORIGINAL RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ORANGE.ACCORDINGLY, THIS RESOLUTION NO. 10419 RESTATES THE
ORIGINAL RESOLUTION AND PROVIDES ONE DOCUMENT WHICH GOVERNS
THE SUMMARY VACATION OF A PORTION OF CHAPMAN AVENUE IN THE CITY
OF ORANGE AS EXCESS STREET
RIGHT-OF-WAY.THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE
FOR
RECORDING INFORMATION)aJ yS/s~ /fig -
RESOLUTION NO. 10419
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF CHAPMAN AVENUE AS EXCESS
STREET RIGHT OF WAY THAT IS NO LONGER
NEEDED FOR STREET PURPOSES.
WHEREAS, pursuant to Streets and Highways Code Sections 8334, the City may
summarily vacate an excess street easement if the easement is no longer required for street
purposes and it lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the street easement on a portion of Chapman Avenue, just east of Interstate 5, as depicted
on the map attached hereto as Exhibit B and more particularly described on Exhibit A is no
longer needed for street purposes, lies within property under one ownership and does not
continue through such ownership or end touching the property of another; and
WHEREAS, all existing public utility easements, if any, shall be reserved; and
WHEREAS, the City Council finds and determines, based upon the existing uses oC
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 Goveniment Code, the City
Council finds and determines that the location, purpose and extent of the proposed vacation
of the subject real property has been reported on by the Director of the Community
Development Department of the City of Orange and that said proposed vacation of the
subject real property conforms to the City's adopted general plan.
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), the street easement on Chapman Avenue as generally
depicted on the map attached as Exhibit B and more particularly described in 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 all existing
easements for public utility facilities purposes and any right necessary to maintain, operate,
replace, remove or renew such public utilities or other public improvements within the
subject easement.
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 Chapman 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 the 8`" day of December, 2009.
ATTEST:
Mary u City Clerk, City Orange
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 8th day of December, 2009, by
the following vote:
AYES: COUNCIL MEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mary E~, City Clerk, City~6f Orange
2
EXHIBIT "A"
STREET VACATION
THAT PORTION OF LOT 9 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 4, PAGES 512 AND 513, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL MAP FILED iN BOOK 75,
PAGES 3 AND 4 OF PARCEL MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER,
SAID POINT BEING ALSO THE SOUTHWESTERLY MOST CORNER OF PARCEL 1 OF STATE
HIGHWAY RELINQUISHMENT N0.453 PER STATE HIGHWAY MAP BOOK 5, PAGES 13-
19,INCLUSIVE IN THE OFFICE OF THE ORANGE COUNTY RECORDER; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NO.
453,NORTH 19°52'04° WEST 32.09 FEET TO AN INTERSECTION WITH THE SOUTH LINE
OF THE 60 FEET WIDE PARCEL DESCRIBED IN DEED TO SAID STATE OF
CALIFORNIA RECORDED JULY 10, 1914, IN BOOK 258 OF DEEDS, PAGE 53, RECORDS OF
SAID COUNTY, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 19°52'04" WEST78.38 FEET TO
A POINT ON ANON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIUS OF 1298.42 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH26°03'
11° WEST;THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF00°41'20", AN ARC LENGTH OF 15.61 FEET TO A POINT ON A
CONTINUOUS CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1298.42 FEET, SAID
POINT BEING ON THE SOUTHERLY LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT
NO. 916 PER STATE HIGHWAY MAP BOOK 10, PAGES 46-4$, INCLUSIVE IN THE
OFFICE OF THE ORANGE COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY
LINE AND ITS WESTERLY PROLONGATION, NORTH 89°04'47" WEST 197.30
FEET TO THE NORTHEASTERLY LINE OF THE STATE OF CALIFORNIA RIGHT OF WAY,
AS SHOWN ON STATE HIGHWAY RIGHT OF WAY MAP NO. E120027-03, FILED IN
THE RIGHT OF WAY ENGINEERING BRANCH, DISTRICT 12; THENCE ALONG SAID
STATE RIGHT OFWAY,SOUTH 29°01'50'° EAST 5.48 FEET TO AN ANGLE
POINT; THENCE CONTINUING ALONG SAID RIGHT OFWAY, SOUTH 25°56'01° EAST 84.34 FEET TO SAID SOUTH
LINE OF THE 60 FEET WIDE PARCEL; THENCE ALONG SAID SOUTHLINE, SOUTH 89°04'
47" EAST 198.38 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 16,
236 SQUARE FEET OR 0.373
ACRES, MORE OR LESS.TOGETHER WITH ALL ABUTTER'S RIGHTS OF ACCESS TO
THE WESTERLY LINE OF PARCEL "B" DESCRIBED IN DEED TO
THE ORANGE REDEVELOPMENT AGENCY RECORDED MARCH 04, 2008, AS INSTRUMENT
N0.2008000098412, OFFICIAL
RECORDSOFSAID COUNTY.
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RECORDING REQUESTED BY Recorded in Official Records, Orange County
AND, WHEN RECORDED, Tom Daly, Clerk-
Recorder MAIL T°: iIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIhlllilllllltllllllllll No
FEE City of Orange 2009000679546 10:35 am 12/18/
09 300 East Chapman Avenue 62 413 R28
5 Orange, California 92866 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.
00 Attn: City
Clerk 7~ ~~_ ~!U"
J _ [SPACE ABOVE THIS LINE FOR RECORDER'S USE
ONLY.]RESOLUTION NO. 10419
v A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE SUMMARILY VACATING A PORTION
OF CHAPMAN AVENUE AS EXCESS STREET RIGHT OF
WAY THAT IS NO LONGER NEEDED FOR STREET
PURPOSES..THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION)4-~3-- I
RESOLUTION NO. 10419
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SUMMARILY VACATING A
PORTION OF CHAPMAN AVENUE AS EXCESS
STREET RIGHT OF WAY THAT IS NO LONGER
NEEDED FOR STREET PURPOSES.
WHEREAS, pursuant to Streets and Highways Code Sections 8334, the City may
summarily vacate an excess street easement if the easement is no longer required for street
purposes and it lies within property under one ownership and does not continue through such
ownership or end touching the property of another; and
WHEREAS, the City Council of the City of Orange hereby finds and determines that
that the street easement on a portion of Chapman Avenue, just east of Interstate 5, as depicted
on the map attached hereto as Exhibit B and more particularly described on Exhibit A is no
longer needed for street purposes, lies within property under one ownership and does not
continue through such ownership or end touching the property of another; and
WHEREAS, all existing public utility easements, if any, 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 envirornnent 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 finds and determines that the location, purpose and extent of the proposed vacation
of the subject real property has been reported on by the Director of the Community
Development Department of the City of Orange and that said proposed vacation of thy.,
subject real property conforms to the City's adopted general plan.
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), the street easement on Chapman Avenue as generally
depicted on the map attached as Exhibit B and more particularly described in 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 all existing
easements for public utility facilities purposes and any right necessary to maintain, operate,
replace, remove or renew such public utilities or other public improvements within the
subject easement.
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, the street easement on Locust Avenue 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 8th day of December, 2009.
ATTEST:
l~~ ~~
P~,~ary E. a ,City Clerk, Ci range
I, MARY E. MURPHY, City Clerk of 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 8th day of December, 2009, by the
following vote:
AYES: COUNCIL MEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mary E~y, City Clerk, Cit~ of Orange
2