RES-9989 Rescind Resolution No. 4753 Easement over Old Lewis StreetRESOLUTION NO. 9989
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION
NO. 4753 WHICH ORDERED THE VACATION OF A
STREET AND HIGHWAY EASEMENT OVER OLD
LEWIS STREET NEAR ITS INTERSECTION WITH
STATE ROUTE 22.
WHEREAS, On April 11, 1978, the City Council adopted Resolution No. 4753
ordering the vacation and abandonment of a street and highway easement over a portion of
Lewis Street as depicted on the attached Exhibit 1 (hereafter, the Property); and
WHEREAS, the effectiveness of said vacation and abandonment was conditioned upon
the happening of several events, including the execution of a quitclaim deed from Rodeffer
Investments, the then underlying fee owner of the Property; the de-annexation by the City
of Orange and annexation by the City of Garden Grove of the Property; and the execution
of quitclaim deeds by the City of Orange in favor of adjoining lot owners;
and WHEREAS, while the City did receive quitclaim deeds from Robert L. Farrow
and Jerry F. Farrow, apparent successors in interest to Rodeffer Investments, the quitclaim
deeds were never recorded, the de-annexation and annexation did not occur and the City
has not executed any quitclaim deed to adjoining lot
owners; and WHEREAS, title reports indicate that Farrow Lewis, Inc., continues to
own the property, but the City's best information is that Farrow Lewis, Inc., is a
defunct corporation with no apparent successor in interest, which makes the validity of any future recording
of the quitclaim deed
questionable; and WHEREAS, the Property has been a blight and poses only liability for the City
and has gone undeveloped the 27 years since adoption of Resolution No.
4753; and WHEREAS, State Route 22 is in the process of being widened at its
intersection with Lewis Street and as a result, parking spaces utilized by an abutting commercial
building owned by City Office, L.P. are being
lost; and I WHEREAS, City Office, L.P. owns land adjoining the Property and seeks
to purchase the Property and combine it with its adjoining land to create a parking lot to
recover parking lost due to the State Route 22
widening; and WHEREAS, due to these changed conditions the City Council has determined that
it is in the best interest of the City to rescind Resolution No. 4753 and to enter into
an agreement with City Office, L.P. for the possible purchase of
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orange
as follows:
1. Resolution No. 4753 is rescinded in its entirety and any purported abandonment
or vacation is hereby rescinded as the conditions to making such abandonment or vacation
effective were not completed.
2. The quitclaim deeds received by the City Robert L. Farrow and Jerry F. Farrow
shall not be recorded.
3. This Resolution shall be recorded.
ADOPTED this 28th day of June, 2005.
G!!I
lty of Orange
ATTEST:
C
f OrangeMaryE.City Clerk,
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 28th day of June, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
t'!
City Clerk,
Reso No. 9989 2 DAD
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