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RES-9907 Vacating Portion of University DriveRecorded in Off. . T Icra' RecordOmDaly, Clerk- R S, Or~l!nge County 111/!11111111/I11I/1!lllll!IIllll/IllI/lliIYlffil~"n 11111 III!! I/I! IUI NO FEE 117 ~~~~~0~947530 03:22pm1,0/20/ 04 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0. 00 RECORDING REQUESTED BY AND, WHEN RECORDED,MAIL TO:City of Orange 300 East Chapman Avenue Orange, California 92866 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY THIS DOCUMENT IS EXEMPT FROM THE PAYMENT OF A RECORDING FEE PURSUANT TO CALIFORNIA STREETS AND HlGHWA YS CODE SECTION 8325.CERTIFIED COPY OF RESOLUTION NO. 9907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF THAT PUBLIC STREET COMMONLY KNOWN AS UNIVERSITY DRIVE GENERALLY LOCATED EAST OF AND ADJACENT TO GLASS ELL STREET IS NO LONGER NEEDED BY THE PUBLIC AND ORDERING THE V ACA TION THEREOF.THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORM A RESOLUTION NO. 9907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF THAT PUBLIC STREET COMMONLY KNOWN AS UNIVERSITY DRIVE GENERALLY LOCATED EAST OF AND ADJACENT TO GLASSELL STREET IS 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 August 24, 2004 the City Council of the City of Orange adopted Resolution No. 9902, declaring its intent to vacate that portion of University Drive generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, which is a public street and right-of-way located east of and adjacent to Glassell Street at the proposed University Drive entry to the Chapman University campus; 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 desires to find and determine that the aforementioned portion of University Drive generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, are no longer needed by the public; and WHEREAS, in connection with its consideration of the proposed vacation of the aforementioned portion of University Drive, 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 of the aforementioned portion of University Drive 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 University Drive, having duly published and posted notice of such hearing in accordance with the procedures therefor set forth in Sections 8322 and 8323 ofthe 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, Section 1.The foregoing recitals are true and correct. Section 2. Pursuant to the Law, that portion of University Drive generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A is hereby vacated effective upon recordation of a certified copy of this Resolution in the Official Records of the County of Orange, State of California (the Official Records). Section 3. The City reserves and excepts from such vacation: (I) all eXlstmg 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 sanitary sewers and storm drains and appurtenant structures in, upon, over, and across that portion of University Drive 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 University Drive proposed to be vacated. Section 4. That portion of University Drive 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 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.. Section 6. From and after the date a certified copy of this Resolution is recorded in the Official Records, that portion of University Drive generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A shall no longer constitute a public street. ADOPTED this 14th day of September, 2004. fMJt ~fJ1 Mark A. Murphy, Mayor, 2 ATTEST: Clerk, City of Or 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 14th day of September, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None City Clerk, C~ OrangeMaryE. 3 IEXJil~i8gT "A" THAT CERTAIN PARCEL OF LAND LOCATED IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF UNIVERSITY DRIVE, 60 FEET WIDE, AS SHOWN ON PARCEL MAP No. 2003-166, AS PER MAP FILED IN BOOK 336, PAGES 1 THROUGH 4 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN INSTRUMENT RECORDED JUNE 9, 1998 AS INSTRUMENT No. 19980360053 OF OFFiCIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING ALSO ON THE SOUTHERLY LINE OF UNIVERSITY DRIVE AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY LINE NORTH 88055'46" WEST 45.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND PARALLEL WITH THE EASTERLY LINE OF SAID INSTRUMENT NORTH 00056'01" EAST,60. 00 FEET TO THE NORTHERLY LINE OF SAID UNIVERSITY DRIVE; THENCE SOUTH 88055' 46"EAST 45.00 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWESTERLY CORNER OF SAID INSTRUMENT No. 19980360053; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT SOUTH 00056'01" WEST 60.00 TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL CONTAINS 2,700 SQUARE FEET OF 0.06 ACRES, MORE OR LESS.ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "8", ATTACHED HERETO AND MADE A PART HEREOF.THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. uvJJi WARREN W. WILLIAMS, JR~, P.L.S. 7038 REGISTRATION EXPIRES 9/30/ 06 1 Iro tQq DATE M:\1004\C4-779 C~;::;:';3n UrJII. IoIlasli!f LandSc:9pe\~"il::i.\VAc.; TION l..=G.~ I 0-,''1; 0.::...\ lX.... ...0~ 0' ~ 0<::~~:J " ," .c"!" ... j;f;>\"0J)' II I I I I 43' W'LY BOUNDARY OF r P.M. 2003- 166 NORTHWEST CORNER OF INSTR. No. 199 0360053 I!.&J w IS88. 55' 46"E 58' ~ _r- ~5~ g g //J ~I -J ~ ci '///:/ /' i; o co /,. / // / //4::?/;NSS.55' 46" W 45.00'62' G: UNIVERSITY DRIVE 5: . ...0 ~'J 0' 0 I<) ,.. ri0 o~ _~Vi: o.ra "g~~~~: Ict SYCAMORE AVENUE 0,1:-<<;:/ I<) ( ABANDONED)62'POINT OF BEGINNING SOUTHWEST CORNER OF INSTR. No. 19980360053 J w 58'f) f) l: J o I I t:: 0X! INDICATES PORTION OFUNIVERSITY DRIVE BEING VACATED.I~l N llilS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION W.08/ L WARREN W. W1LUAMS, JR. I P.l.S. 7D38 7h./otf DAn:.SCALE: 1.=40' EXHiBiT lIS"SHEET 1 OF 1 PLA T TO ACCOMPANYLEGALDESCRIPTION4.'j}~'l~jll! l!!!~ffiI~ ~8m:eeC"l!am~ll~, tie.n . Civi u,gao. eering . Land Surv.:"ng . tn*o:vn<<>tol 3175 Z. KAlS'a. 3CUlEVARD ANA.'"'.E]:W:-l1tJ.. S. ~ 92808 (71-l-) 355-5aSO UNlVERS1TY DRlVE VACATlON IN THE ClTi OF ORANGE, CALIFORNIA