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Resolution No. 4380RESOLUTION NO. 4380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING A SUMMARY VACATION OF EXCESS STREET RIGHTS OF WAY ALONG THE NORTH SIDE OF ORANGEWOOD AVENUE FROM VALLEY VIEW STREET TO WEST CITY LIMITS WHEREAS, the City of Cypress did impose a condition of approval for the developer of Parcel Map No. 88 -267 to dedicate 42 feet of right of way on the north side of Orangewood Avenue from Valley View Street west to the westerly city limits to provide for an ultimate street width of 84 feet; and, WHEREAS, said condition was based on the need to improve Orangewood Avenue to this width to accommodate the traffic demands that would be created by the development of Parcels 1 and 2 of said map fronting on Orangewood Avenue; and, WHEREAS, the City Council of the City of Cypress did on September 26, 1994, approve a project for the development of Parcels 1 and 2 of said map which will not require access from Orangewood Avenue and therefor will not impose any traffic demands warranting the construction of Orangewood to a width of 84 feet; and, WHEREAS, based on the above facts an ultimate street width of 64 feet shall be sufficient to address the current and anticipated traffic needs for this portion of Orangewood Avenue; and, WHEREAS, the City now desires to summarily vacate the northerly unimproved 20 feet of Orangewood Avenue as excess rights of way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the northerly unimproved 20 feet of Orangewood Avenue street right of way to be unnecessary for present or prospective public use for the reason that the subject right of way will not be needed to provide access to land along said right of way, and that the proposed vacation is consistent with the Cypress Municipal Code, the City's General Plan, and complies with the requirements for street vacations as cited in the Streets and Highways Code of the State of California. SECTION 2. The City Council hereby elects to proceed under and pursuant to the provisions of Division 9, Part 3, Chapter 4, of the Streets and Highways Code of the State of California, and order the summary vacation of that certain northerly twenty (20) feet of Orangewood Avenue west of Valley View Street more accurately described and shown on the attached Exhibit "A". SECTION 3. The City Council hereby reserves and exempts from this street vacation a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove or renew sanitary sewers, storm drains and appurtenant structures in, upon, over and across the portion of said street to be vacated: and pursuant to any existing franchises or renewals thereof, to permit or construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduit, cables, wires, poles and all other appurtenant structures, equipment, and fixtures for the operation of gas, communication, electric, water, and cable lines, including the right of access therefor. SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof. 490 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of September, 1994. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLER TH CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 26th day of September, 1994, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson, NOES: 0 COUNCIL MEMBERS: None and Partin ABSENT: 0 COUNCIL MEMBERS: None CITY CLER OF TH CITY OF CYPRESS EXHIBIT "A " -1 86329.40(A) 08 -30 -94 LEGAL DESCRIPTION SUMMARY VACATION OF ORANGEWOOD AVENUE CITY OF CYPRESS That portion of Orangewood Avenue in the City of Cypress, County of Orange, State of California, as shown on Parcel Map No. 88 -267 filed in Book 261, Pages 15 through 20 of Parcel Maps in the office of the County Recorder of said County, described as follows: Beginning at the Easterly terminus of the Southerly line of Parcel 1 of said Parcel Map No. 88 -267; thence North 89 °40'39" West 1227.13 feet along said Southerly line and the Southerly line of Parcel 2 of said Parcel Map No. 88 -267 to the Southwest corner of said Parcel 2; thence South 0 °20'58" West 20.00 feet along the Southerly prolongation of the Westerly line of said Parcel 2 to a line parallel with and Southerly 20.00 feet from said last - mentioned Southerly line; thence South 89 °40'39" East 1027.14 feet along said parallel line to the beginning of a tangent curve concave Northerly having a radius of 90.00 feet; thence Easterly 9.18 feet along said curve through a central angle of 5 °50'38 "; thence North 84 °28'43" East 191.83 feet to the point of beginning. Containing an area of 0.519 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. • S F. GILLEN, LS 5557 LAND SUS JAMES F. v GILLEN * Exp.9/30/97 sr No.5557 'IF OF CAL* 492 LC) 0 7' ��- C/L VALLEY VIEW N0'20'03 "E P.O.B. -1 L) SW. COR. PCL. 2 S0'20'58 "W 20.00' STREET W 42' W S'LY LINE PCL. N89'40'39 "W ORANGEWOOD -J U S'LY LINE OF PCL. 2 N89'40'39 "W S89'40'39 "E EXHIBIT "A "2 0 = 5'50'38" R = 90.00' L = 9.18' L2? W S WILLIAMSON & SCHMID CONSULTING cm. ENGINEERS AND LAND SURVEYORS 15101 RED HILL AVENUE • TUSTIN, CA 92680 714/259-7900 • 714/259 -0210 FAX SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SUMMARY VACATION OF ORANGEWOOD AVENUE CITY OF CYPRESS SCALE 1 "= 40' DRANK BY DAO CHECKED BY CAR DATE 9 -1 -94 JOB NO. 86329.Q ^-,