RES-9840 Vacating Portions of Pepper Street & Stewart DriveRESOLUTION NO. 9840
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
PORTIONS OF PEPPER STREET AND STEWART
DRIVE LOCATED ADJACENT TO ST. JOSEPH
HOSPITAL AND THE ST. JOS~:PH OUTPATIENT
PAVILION, TOGETHER WITH CERT AIN IN-
PLACE SEWER FACILITIES, ARE NO LONGER
NEEDED BY THE PUBLIC AND ORDERING THE
VACATION THEREOF.
WHEREAS, the City of Orange (the City) is a municipal corporation exerclSlng
governmental functions and powers and organized and existing under the laws of the State of
California; and
WHEREAS, on February 10, 2004 the City Council of the City of Orange adopted
Resolution No. 9827, declaring its intent to vacate those portions of Pepper Street and Stewart
Drive generally depicted on the map attached hereto as Exhibit A and more particularly
describe:::d on Exhibit A-1, which are public streets and rights-of-way located
adjacent to St.Joseph Hospital and the St. Joseph
Outpatient Pavilion; and WHEREAS, the City prepared an Initial Study, dated July 1, 2003 (the
InitialStudy), to evaluate::: the application by St. Joseph Health System (SJHS) and/or St.
Joseph Hospital of Orange (SJO) for approval of a Master Plan for the expansion of St. Joseph
Hospital (the Master Plan), which Master Plan included, among other things, the proposed vacation of
the subject
real property; and WHEREAS, the Initial Study was prepared by the City in order to
ascertain whether the Master Plan would have a significant adverse effect on the environment and
whether there would be any environmental impacts resulting from the Master Plan which
might require the preparation of a negative declaration or an environmental
impact report; and WHEREAS, pursuant to the results of the Initial Study,
Mitigated Negative Declaration No. 1719-03 (herein referred to, together with the Initial Study, as the MND)
was prepared by the City for the Master Plan and was adopted by the City Council after completion
of a noticed hearing held on October 14, 2003, at which time the City Council found and determined
that the MND was all that was necessary in connection with the proposed Master
Plan, including the proposed vacation ofthe subject real property, and the approval of
the Master Plan; and WHEREAS, as authorized by 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 8355 of the
Law, the City Council desires to find and determine that the aforementioned portions of Pepper
Street and Stewart Drive,together with the in-place sewer facilities (the Sewer Facilities)
generally depicted on the map attached hereto as Exhibit B and more particularly described on
Exhibit B-1, are no
VVHEREAS, in connection with its consideration of the proposed vacation of the
aforementioned portions of Pepper Street and Stewart Drive, the City Council has reviewed and
considered the information contained in the MND and any other actions, proceedings and matters
related thereto and reaffirms that there is no substantial evidence that the proposed vacation will
have a significant effect on the environment, except as identified and considered in the MND;
and
VVHEREAS, 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 of the aforementioned portions of Pepper Street and Stewart Drive,
together with the Sewer Facilities, have 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
VVHEREAS, pursuant to Section 8320 of the Law, this City Council held a hearing on
the proposed vacation of the aforementioned portions of Pepper Street and Stewart Drive,
together with the Sewer Facilities, having duly published and posted notice of such hearing.
NOW THEREFORE, the City Council declares, on the basis of the facts set forth in the
agenda report presented to it and any testimony rec~:ived 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, those portions of Pepper Street and Stewart Drive
generally depicted on the map attached hereto as Exhibit A and more particularly described on
Exhibit A-I, together with the Sewer Facilities generally depicted on the map attached hereto
as Exhibit B and more particularly described on Exhibit B-1, 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. Except for the Sewer Faciliti,es, 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; and (2) the easement and right at any
time, or from time to time, to construct, maintain, operate, replace, remove, and renew
sanitary sewers and stonn drains and appurtenant structures in, upon, over, and across those portions
of Pepper Street and Stewart Drive proposed to be vacated 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, railroad
lines, and for the transportation or distribution of electric energy, petroleum and its products,
ammonia, and water, and for incidental purposes, including access to protect these works from all
hazards in,upon, and over those portions of Pepper Street and Stewart Drive proposed to
be vacated.Section 4. Those portions of Pepper Stre:et and Stewart Drive proposed to
be vacated for public street purposes, together with the Sewer Facilities, are no longer needed by
the public and are unnecessary for present or prospective public use for the reasons described in
the agenda report accompanying
this
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 by delivering same to the City Attorney with
instructions that he, in turn, cause it to be recorded in the Official Records.
Section 6. From and after the date a celiified copy of this Resolution is recorded in
the Official Records, those portions of Pepper Street and Stewart Drive generally depicted on the
map attached hereto as Exhibit A and more particularly described on Exhibit A-I shall
no longer constitute public
streets.Section 7. From and after the date a certified copy of this Resolution is recorded
in the Official Records, the Sewer Facilities generally depicted on the map attached hereto
as Exhibit B and more particularly described on Exhibit B-1 shall no longer constitute
a public
service easement.ADOPTED this 9th day of
March,
2004.ATTEST:aZ~Mary E. M fi, City Clerk, City 0
r~e 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 9th day of March, 2004, by the
following
vote:
AYES:
NOES:
ABSENT:ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez,
Murphy, Coontz
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS:
None I
t~-:~MaryE.
Mu
2::'''' /L.C-
tA--<-:
EXHIBIT "A"
MAP DEPICTING THE
VACATED PORTIONS OF PEPPER STREET AND STEWART DRIVE
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Exhibit B
to Agreement of Purchase and Sale
and
Joint
Esnow 1 OF1 Instructions (PepperStreet/Stewart Drive)
Depiction
of Sale Portions of Pepper/
Stewart ft" &.
ASSOCIATES INC.101 IWlICCOlTER DANE. SlllNI'A -. ~ t2705 1U. (714) MO-
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EXHIBIT "A-
1"LEGAL DESCRIPTION OF
THE VACATED PORTIONS OF PEPPER STREET AND STEW ART
DRIVE ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,
CITY OF ORANGE, DESCRIBED AS
FOLLOWS:THOSE PORTIONS OF PEPPER STREET AND STEWART DRIVE AS SHOWN ON A PARCEL MAP
FILED IN BOOK 106, PAGES 9 AND 10 OF PARCEL MAPS, IN THE CITY OF ORANGE, COUNTY OF
ORANGE,STATE OF CALIFORNIA, IN THE OFFICE OF THE COU1\TY RECORDER OF SAID COlJNTY,
DESCRIBED AS
FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE,
NORTH 000 01' 35" EAST ALONG THE NORTHERLY PROLONGATION OF THE WESTERIS LINE OF
SAID PARCEL 2, SAID WESTERLY LINE BEING ALSO THE EASTERLY RIGHT OF WAY LINE OF
BUSH STREET (30.00 FOOT HALF-WIDTH), A DISTANCEOF 17,45 FEET TO THE BEGINNING OF
A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 24.50 FEET; A
RADIAL LINE SAID TO BEARS NORTH 230 52' 44" WEST; THENCE, NORTHEASTERLY ALONG
SAlD CURVE THROUGH A CENTRAL ANGLE OF 280 53' 07", AN ARC DISTANCE OF 12.35 FEET TO A POINT
ON A LINE THAT 20,50 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM
THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STEWART DRIVE (35.00 FOOT HALF-
WIDTH); THENCE, NORTH 890 59'37" WEST PARALLEL WITH SAID LINE, 239,90 FEET TO THE BEGINNING
OF A TANGE~H CURVE CONCAVE SOUTHERL Y HAVING A RADIUS OF 80.00 FEET;
THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10000' 19", AN ARC DISTANCE OF 13,
97 FEET; THENCE, SOUTH 790 59' 18" EAST, A DISTANCE OF 40.46 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 24.50
FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 55' 21", AN ARC DISTANCE
OF 9.80 FEET; THENCE,SOUTH 570 03' 57" EAST, A DISTANCE OF 11.26 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCA VE NORTHEASTERLY HAVING A RADIUS OF 35,
50 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12004' 54", AN ARC DISTANCE OF
7.49 FEET TO THE EASTERLY RIGHT -OF- WAY LINE OF PEPPER STREET (28.00
FOOT HALF-WIDTH); THENCE SOUTH 000 05' 47" WEST, ALONG SAID LINE, 128.85 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 170.
70 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24029' 25", AN ARC
DISTANCE OF 72.96 FEET; THENCE,SOUTH 240 23' 38" EAST, 6.72 FEET TO ANGLE POINT; THENCE
LEAVING SAID LINE, NORTH 900 00'00" WEST, A DISTANCE OF 60.67 TO THE BEGINNING
OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY, IN THE WESTERLY RIGHT-OF-WAY
LlNE OF SAID PEPPER STREET (28,00 FOOT HALF-WIDTH), HAVING A RADIUS OF 226.70 FEET;
A RADIAL LINE SAID TO BEARS NORTH 700 14'50" EAST; THENCE, NORTHWESTERLY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 190 50' 57", AN ARC DISTANCE OF 78.54 FEET;
THENCE, NORTH 000 05' 47" EAST, ALONG SAID LINE,109.57 FEET; THENCE, NORTH 520 23' 30" WEST,
32,78 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2, SAID
NORTHERLY LINE BEING ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF STEWART DRIVE (35.00
FOOT HALF-WIDTH), THENCE, NORTH 890 59' 37"
WEST ALONG SAID LINE,248,66 FEET TO THE POINT OF
EXHIBIT "B"
MAP DEPICTING THE GENERAL
LOCATION OF THE SEWER FACILITIES
Behind
this page.]
EXHIBIT "B"
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Sl~
er
Manhole
to
be
maintained
by
51
Joseph'
s
Hospital
LOCATION
OF
SANITARY
SEWER
MAIN Sewer
Main to be maintained by 5t Joseph's Hospital i I L ST JOSEPH'S HOSPITAL e SCAlI::: 1" = 100'
EXHIBIT "B-
1"LEGAL DESCRIPTION OF SEWER
FACILITIES That portion of the 12 inch sanitary sewer mainline within the Pepper Street right of
way beginning at, but not including, the manhole, stationed as 5+13.11 on Plan SP 2966, located
4 feet westerly of the centerline of Pepper Street, more or less, and 398 feet northerly of
the centerline of La Veta Avenue, more or less, and continuing up stream northerly along the
sewer mainline to the terminus ofthe line at a manhole, stationed as 8+68.32 on Plan SPI672, located
4 feet westerly of the centerline of Pepper Street, more or less, and 4 feet southerly of the
centerline of Stewart Drive, more or
less.Plans SP 2966 and SP 1672 are public records on file in the offices of the Department of
Public Works of the City of Orange and are by reference hereto incorporated herein as though fully
set forth
herein.