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RES-10146 Vacating Portion of City's Water Line Easements Chapman UniversityRESOLUTION NO. 10146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF THE CITY'S WATER LINE EASEMENTS, LOCATED IN OR ON CHAPMAN UNIVERSITY, ARE NO LONGER NEEDED FOR ANY PUBLIC PURPOSE AND ORDERING THE VACATION THEREOF. WHEREAS, pursuant to Streets and Highways Code Sections 8300 et seq., the City may summarily vacate a water utility easement if the water utility easement is not needed for public purposes and has not been used for such purposes for more than five years; and WHEREAS, the City Council of the City of Orange hereby finds and determines that those water utility easements, in or on Chapman University, as described herein, are not needed for any prospective public purposes and have not been used for any public purpose for more than five years; and WHEREAS, the vacation of the water utility easements will not cut off access to any person's property which, prior to the adoption of this Resolution, had such access; 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. 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 water utility easements located in or on Chapman University generally depicted on the map attached hereto as Attachment 1, and more particularly described on Attachment II, are 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. From and after the date a certified copy of this Resolution is recorded in the Official Records, the water utility easements located in or on Chapman University generally depicted on the map attached hereto as Attachment I, and more particularly described on Attachment II, shall be vacated. ADOPTED the 12th day of December, 2006. ATTEST: Lit ' CL Mary E. M rp , City Clerk, Cit 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 12th day of December, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: Smith COUNCILMEMBERS: None zi(~;~~~t""{~~ Mary E-:-'- u y, City Clerk,' Orange 2