RES-9844 Vacating Portion of Center StreetRecorded in Official Records, OrangE~ County
Tom Daly Clerk_Recorder
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RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City of Orange
300 East Chapman Avenue
Orange, Caiifornia 92866
Attn: City Clerk
Ie.)
ll:
N.)
Cf
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SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
THIS DOCUMENT IS EXEMPT
FROM THE PAYMENT OF A
RECORDING FEE P1JRSUANT TO
CALIFORNIA STREETS AND
HIGHWAYS CODE SECTION 8325.
CERTIFIED COpy
OF
RESOLUTION NO. 9844
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE FINDING THAT A
PORTION OF THAT PUBLIC STREET
COMMONLY KNOWN AS CENTER STREET,
TOGETHER WITH ANY IN-PLACE
UTILITY FACILITIES, LOCATED NORTH
OF CHAPMAN AVENUE ADJACENT TO
THE MAIN BRANCH LIBRARY AND
PUBLIC PARKING LOT ARE NO LONGER
NEEDED BY THE PUBLIC AND ORDERING
THE VACATION
THEREOF.THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR
RECORDING
RESOLUTION NO. 9844
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE FINDING THAT A
PORTION OF THAT PUBLIC STREET
COMMONLY KNOWN AS CENTER STREET,
TOGETHER WITH ANY IN-PLACE
UTILITY FACILITIES, LOCATED NORTH OF
CHAPMAN AVENUE ADJACENT TO THE MAIN
BRANCH LIBRARY AND PUBLIC PARKING LOT ARE
NO LONGER NEEDED BY THE PUBLIC
AND ORDERING THE VACATION
THEREOF.WHEREAS, the City of Orange (the City) is a municipal corporation
exercising governmental functions and powers and organized and existing under the laws of the State
of California;
and WHEREAS, on March 9, 2004 the City Council of the City of Orange
adopted Resolution No. 9833, declaring its intent to vacate that portion of Center Street described
in Exhibit A and generally depicted on the map attached hereto as Exhibit B, which is a
public street and right-of-way located adjacent to the Main Branch Library and a
public
parking lot;and WHEREAS, Mitigated Negative Declaration No. 1688-02 (herein
referred to as the MND) was prepared by the City for the Main Branch Library
expansion project and was adopted by the City Council after completion of a noticed hearing held on
May 28, 2002, at which time the City Council found and determined that the MND was all
that was necessary in connection with the proposed project, including the proposed vacation
of the
subject real property; 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 Cali fomi a; herein referred to as the Law) and, more specifically, Sections
8324 and 8340(c)of the Law, the City Council desires to find and determine that
the aforementioned portion of Center Street, together with any in-place utility facilities (
the Facilities) generally depicted on the map attached hereto as Exhibit B, are no longer
needed by the public; and WHEREAS, in connection with its consideration of
the proposed vacation of the aforementioned portion of Center Street, 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
WHEREAS, pursuant to Section 8313 of the Law and Section 65402 of the
California Governrnent Code, this City Council finds and determines that the location,
purpose and extent of the proposed vacation of the aforementioned portion of Center Street,
together with any 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
WHEREAS, pursuant to Section 8320 of the Law, this City Council held a hearing
on the proposed vacation of the aforementioned portion of Center Street, together with any
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 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 Center Street described in Exhibit
A and generally depicted on the map attached hereto as Exhibit B, together with all
underlying Facilities, 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. That portion of Center Street proposed to be vacated for public street
purposes, together with the 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 Resolution.
Section 4. For the reasons described in the agenda report accompanying this
Resolution, the public convenience and necessity require the Facilities to be vacated.
Section 5. 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. This resolution
shall not be recorded until any and all Facilities that may exist under that portion of Center
Street proposed to be vacated have been relocated to the satisfaction of the Director of Public
Works, or his designee.
Section 6. From and after the date a certified copy of this Resolution is recorded
in the Official Records, that portion of Center Street described in Exhibit A and generally
depicted on the map attached hereto as Exhibit B shall no longer constitute a public street.
2
L 0__
Section 7. From and after the date a certified copy of this Resolution is recorded
in the Official Records, any Facilities that exist underlying that portion of Center Street
generally depicted on the map attached hereto as Exhibit B shall no longer constitute a public
service easement.
ADOPTED this 13th day of April, 2004.
II
I
Mark rJ~g,
oJ
ATTEST:
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 13th day of April, 2004, by the
following vote:
MaryE.M
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Ambriz
COUNCILMEMBERS: None
L
Mary E.~ City pt"h., Ci~ge
3
EXHIBIT "A"
LEGAL DESCRIPTION OF THE
VACATED PORTION OF CENTER STREET
Behind this page.]
RUSSELL W. GEER, L.S.
Land Survey Engineer
II
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w~ "",uly Dri". "'...... O>'fumi. "''' (714' 939-6623 ... (71" ".. mo I
LEGAL DESCRIPTION
A portion ofeenter Street togetherwilh a portion ofLot 17, Block A of the Ubrary Tract, in the
City of Orange, County of Orange, State of California, as shown on a map recorded in Book 5,
Page 21 of Miscellaneous Maps, Records of Orange County, California, described as fa/lows:
Beginning at the Southwest Comar of Lot 1, Block B of said Ubrary Tract; thanes Norlh, 7.00
feet along the West Dna of said Lot 1 to the TRUE POINT OF BEGINNING; thence tangent to
said West Une of Lot 1, West, 70.00 feat; thence N 45000' oooE, 14.14 feet to the EastUne of
Lot 17, Block A of said Library Tract; thence Notth, eiong the East line of said Block A, 227.00
feet; thence tangent to said East line of Block A, East 60.00 feet to the West Line of Block B of
said Tract; thence South along the West Line of said Block B, 237.00 feet to the TRUE POINT
OF BEGINNING.
Also shown on EXHIBIT 0 B 0 attached hereto end by this reference made a part hereof.
This descrlplion encompasses an area of 14,270 square feet.
This descrlplion (Exhibit A) and plat (ExhibU B) were prepared by me and under my direclion
on August 4th, 2003.
Sincerely,
e
Russell IN. Gear. L.S
Date: 8104/03
PAGE 1 OF 1
EXHIBIT"B"
MAP DEPICTING THE
VACATED PORTION OF CENTER STREET
Behind this page.]
d:
EAST 60.00'
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AREA
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LEGAL
DESCRIPTION 4,I WEST
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70.00'TRUE POINT OF
BEGINNING'J 77.00'
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CHAPMAN
AVE.s
1. = 40'
EXHIBIT "
B" SHEET
1 U~EUW.~~LS-_---
PORTIONS OF CENTER STREET
OF 1 SHEETS if' Larrd Suney Engineer
1 AND LOT 17, BLOCK A OF THE DATE: 8-04-Q3 1338 W.&
verlyDr, Or_c~ 91868-/916 LIBRARY TRACT, MM 5/21. DRAWN BY:
RWG Pk-(714j9J9.661J Fap(7U)939-7520 CITY
OF ORANGE CA JOBNO.: 03-395