Loading...
RES-10194 Vacating Portion of Glassell St. Riverdale Ave.RESOLUTION NO. 10194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF GLASSELL STREET NEAR ITS INTERSECTION WITH RIVERDALE AVENUE 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 Glassell Street generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A has never been used for the purpose for which it was dedicated in 1964 and is not needed for any prospective public street purposes and no public money was expended for maintenance thereof; 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 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 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), that portion of Riverdale Avenue 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: (I) 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 Glassell Street 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 Glassell Street 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 Glassell Street 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 22nd day of May, 2007. ATTEST: Mary E.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 22nd day of May, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Smith, Murphy, Cavecche, Dumitru COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: Bilodeau t Mary y, City Cle