RES-10076 Vacating Portion of Old Lewis StreetI
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RESOLUTION NO. 10076
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT A PORTION OF
THAT PUBLIC STREET COMMONLY KNOWN AS
OLD LEWIS, GENERALLY LOCATED NORTH OF
STATE ROUTE 22 AND SOUTH OF
METROPOLITAN DRIVE AND ADJACENT TO
LEWIS STREET, IS NO LONGER NEEDED BY THE
PUBLIC AND ORDERING THE VACATION
THEREOF UPON THE OCCURRENCE OF
SPECIFIED CONDITIONS.
WHEREAS, the City of Orange (the City) is a municipal corporation exerclsmg
governmental functions and powers and organized and existing under the laws of the State of
California; and
WHEREAS, on March 28th, 2006, the City Council of the City of Orange adopted
Resolution No. 10068, declaring its intent to vacate that portion of the former aligmnent of
Lewis Street as described in the legal description and depicted in the map attached hereto as
Exhibit A, over which the City has an easement for public street purposes; and
WHEREAS, as authorized by the Public Streets, Highways, and Service Easements
Vacation Law (commencing at Section 8300 of the Streets and Highways Code of the State
of California; herein referred to as the Law) and, more specifically, Section 8320 of the Law,
the City Council finds and determines that the aforementioned portion of Lewis Street is no
longer needed by the public; and
WHEREAS, in connection with its consideration of the proposed vacation of the
aforementioned portion of Lewis Street, the City Council finds and determines that there is no
substantial evidence that the proposed vacation will have a significant effect on the
environment under the California Environmental Quality Act; and
WHEREAS, pursuant to Section 8313 of the Law and Section 65402 of the
California Government Code, this City Council finds and determines that the location,
purpose and extent of the proposed vacation has been considered and reported on by the
Director of the Community Development Department of the City of Orange and that said
proposed vacation conforms to the City's adopted general plan; and
WHEREAS, pursuant to Section 8320 of the Law, this City Council held a hearing
on the proposed vacation, having duly published and posted notice of such hearing in
accordance with the procedures therefor set forth in Sections 8322 and 8323 of the Law.
NOW THEREFORE, the City Council declares, on the basis of the facts set forth in
the agenda report presented to it and any testimony received at the hearing at which this matter
was considered, as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. Pursuant to the Law, that portion of Lewis Street described and
depicted in the attached Exhibit A is hereby vacated effective upon recordation of a certified
copy of this Re,olution in the Official Records of the County of Orange, State of California
the Official Records).
Section 2. That as a condition precedent to such recordation that an escrow be
opened for the purchase of the underlying fee ownership of the street easement to be vacated.
Section 3. 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, 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 Lewis 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 Lewis Street
proposed to be vacated.
Section 4. That portion of Lewis Street proposed to be vacated for public street
purposes is no longer needed by the public and is unnecessary for present or prospective
public use for the reasons described in the agenda report accompanying this Resolution.
Section S. 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 in the Official Records.
Section 6. From and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Lewis Street described and depicted in Exhibit "A"
shall no longer constitute a public street.
ADOPTED this 11th day of April, 2006.
Mark A. Murphy, May, r, ity of Orange
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ATTEST:
c/
L.~-r' L L--<-.,-_~---
Mary E. M;' City Clerk, CityI ge
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 th
day of April 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
r( {",<-.--
Mary E. Mu
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