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RES-9788 Vacating Portion of Sycamore AvenueRESOLUTION NO. 9788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC STREET COMMONLY KNOWN AS SYCAMORE AVENUE GENERALLY LOCATED BETWEEN CYPRESS STREET ON THE EAST AND THE A.T.&S.F. RAILROAD RIGHT-OF-WAY ON THE WEST.WHEREAS, pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code ofthe State of California (commencing at Section 8330), the City Council of the City of Orange hereby finds and determines that that portion of Sycamore Avenue generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A has been impassable for vehicular travel for at least five consecutive years and no public money has been expended for maintenance on the subject property during such period; and WHEREAS, the subject property will not cut off access to a person's property which,prior to the adoption ofthis Resolution, adjoined the subject real property; and WHEREAS, the adoption of this Resolution will not operate to terminate a public service easement; and WHEREAS, the City Council finds and detemlines, 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; and WHEREAS, pursuant to 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 subject real property has been reported on by the Director of the Community Development Department of the City of Orange and that said proposed vacation of the subject real property conforms to the City's adopted general plan.NOW THEREFORE, the City Council resolws, 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), that portion of Sycamore Avenue generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, is hereby summarily vacated effective upon recordation of this Resolution in the Official Records of the County of Orange, State of California (the Section 3. The City reserves and excepts from such vacation all eXlstmg easements for public utility facilities and any right necessary to maintain, operate, replace, remove or renew such public utilities. Section 4. 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 5. From and after the date a celtified copy of this Resolution is recorded in the Official Records, that portion of Sycamore: Avenue 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 the 9th day of December, 2003. Murphy, Mayor ATTEST: L~ 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 9th day of December, 2003, by the foUowing vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None f.EL_ MaryE. 2 EXHIBIT "A" IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF SYCAMORE AVENUE, 60 FEET WIDE, AS SHOWN ON THE PIRIE HOME TRACT, AS PER MAP FILED IN BOOK 4, PAGE 91 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID SYCAMORE AVENUE, 60 FEET WIDE, AS SHOWN ON SAID PIRIE HOME TRACT, BOUNDED TO THE WEST BY THE SOlJTHERL Y PROLONGATION OF THE WESTERLY LINE OF LOT 24, BLOCK B, OF SAID PIRIE HOME TRACT AND TO THE EAST BY THE SOLJTHERL Y PROLONGATION OF THE EASTERLY LINE OF LOT 1 BLOCK B, OF SAID PIRIE HOME TRACT. EXCEPTING THEREFROM THAT PORTION OF THE NORTHERLY 30 FEET OF SAID SYCAMORE AVENUE LYING EASTERLY OF THE SOUTHEASTERLY PROLONGATION OF A LINE EXTENDING FROM A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK B OF SAID PIRIE HOME TRACT BEING DISTANT WESTERLY 45.:18 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 1 TO A POINT IN THE NORTHERLY LINE OF LOT 2 BLOCK B OF SAID PIRIE HOME TRACT BEING DISTANT WESTERLY 124.58 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2. THE ABOVE DESCRIBED PARCEL CONTAINS 0.33 ACRES, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", 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. w. tJl ~ WARREN WILLIAMS, JR., P.L.S.7038 REGISTRATION EXPIRES 9/30/06 Z!'f!fJ:) DATE M:\2002\02.220 Chapman Univ Sycamore Parking\OocslVACA liON lEGAL-1_ I%~;;;~ INDICATES PORTION OF SYCAMORE AVENUE BEING VACATED. I I I I r - - -.- - - - - - - - - - - /.-: ~- L: NORTH::~~58~INE ~~ L~I'VI' r . " I o.!.?-D:: /...., I n^--/ .;ff/ '. , ' I. I 4',) ,...~~.' , ' I I .. 1y I', I Q....L_________~______ L____~__________~I ,~..I', I I r..\ I ~ ,V I I ~< Q, I t--WESTERLY u;to, LOT 24++' ! ",v~ C" '<' !5. 38'~0::'~~SP.l.! Tf-! ERL'(, L1N~ ,OF ,~~T". 1'.,,~~::,~\~~~~~b~~~..~~~~~~~S'~Y"'-.C"-: A~ iO" ' R'[' ""A'~ V'[~N" 'u' '[,~,,>,:~~>::::~,~.~>~:~~~::~~~,,:em. ...:-....."-.', . ",' \, ""',' ," ',,,,,,-,, '"""" ~ "", "-S:~:~~~:s:::~~?~:~:~~~::~~~~;'::~:~:~:.~~~~::~~~:00: " "" '\.~, \." '\ " ',,, >"'<"" '. \, "-:' \,' '\, ',"" "">,,"-','N I THIS MAP WAS PREPARED BYMEORIJNDER MY DIRECTION iJJ L WARREN W1WAMS. .lA. P.L.S. 7038 l/' f/o: J DATE SCAlE: 1"= 40' EXHIBIT "B"I-L.J L.J D::I-L. J D:: c...U J PLAT TO ACCOMPANY LEGAL DESCRIPTION SHEET 1OF 1 SYCAMORE AVENUE VACATION DllC!lDeJ.~~ ~ I~ ~ tI, IDe. 75 E. KAIEt ICIlJI. EVMD NWDl taLI. OA I2lOl ( 714) -..... 0 IN THE CITY Of ORANGE, CAUFORNIA