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HomeMy WebLinkAboutCC RES 06-73 RESOLUTION NO. 06-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET, AND TO SET A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Tustin has been requested to vacate a portion of Preble Drive between East Main Street and East Third Street; and WHEREAS, the City Council of the City of Tustin is responsible for maintaining a transportation and circulation system for the City of Tustin; and WHEREAS, the portion of Preble Drive between East Main Street and East Third Street, as described in the attached Exhibit "A" and shown on the attached Exhibit "B", is not an essential or integral part of said transportation and circulation system; and WHEREAS, the Planning Commission, at its July 10, 2006 meeting, determined that the vacation of Preble Drive between East Main Street and East Third Street is in conformance with the Tustin General Plan; NOW THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: 1. It is the intention of the City Council to vacate a portion of Preble Drive between East Main Street and East Third Street as described in Exhibit "A" and shown on Exhibit "8" attached hereto and incorporated herein by this reference and on file in the office of the City Clerk. 2. It is the intention to make a finding that Preble Drive between East Main Street and East Third Street is unnecessary for present or prospective public street purposes or as a non-motorized transportation facility. 3. It is the intention to reserve easements per Section 8320 of the Streets and Highways Code, as shown on Exhibits A and B. 4. It is the intention to find that the project is categorically exempt from CEQA requirements (Section 65402 (a) of the California Government Code). 5. A public hearing is hereby set for September 5, 2006 at 7:00 P.M., in the Chambers of the City Council at 300 Centennial Way, Tustin, California for a hearing of all persons interested in, or objecting to, the proposed vacation. Resolution No. 06-73 Page 1 of 4 6. This resolution shall be published once in the Tustin News, a newspaper of general circulation published in the City of Tustin, not less than fifteen (15) days before said hearing and notice of said hearing shall be posted conspicuously along the line of those portions of Preble Drive proposed to be vacated not less than ten (10) days before said hearing, and not more that three hundred feet (300') apart and not less that three (3) copies shall be posted. 7. The City elects to proceed under the provisions of Chapter 2, Part 3, Division 9 (Section 8320, et. seq.) of the California Streets and Highways Code. PASSED AND ADOPTED at a regular meeting f the City Council held on the yth day of August, 2006. ATTEST: ~~ PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-73 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the yth day of August, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Davert. Ha~en. Amante. Bone. Kawashima (5) None (0) None (0) None (0) ~aQo~ P:A.MELA STOKER, City Clerk Resolution No. 06-73 Page 2 of 4 EXHIBIT "A" Portion of Preble Drive to be Vacated That portion of Preble Drive, in the City of Tustin, County of Orange, State of California, as dedicated on the map of Tract No. 2187 recorded in Book 105, Pages 37 and 38 of Miscellaneous Maps, in the Office of the County Recorder of said County, bounded as follows: Southerly by Northerly line of Main Street, 80 feet wide; Northerly by the Southerly line of Third Street, 60 feet wide As shown on Exhibit "8" attached hereto and by this reference made a part hereof Prepared under my supervision: WiUt'd O.t~ David O. Knell PLS 5301 ~('l40b Date June 20. 2006 C:lwpdocsITu.linlpreble.doc Resolution No. 06-73 Page 3 of 4 EXHIBIT "B" TRACT NO. 2187 IY!JJ :?J;:o = @S @ " . o \Q Ii" IX! 0 IRl @ ~1i"1Rl~~1i" o \Q .... ' ,~ LO-r 6 ,'" 54:' ?" . ?", LOT J7 LOT 5 LOT IS LOT 4 i::> ~ LOT J 9 '"'" ~ '~.~ "" ~~'::l t:JI.- " 8' I!!Ql. LOT 3 ~ Lo-r 20 l!h, ?" !4" ,~ M.M. 105/37-38 .7." ~. " . . 0 [kijD,\OlM $irlRl~lE1i" 0 CD CD I , INDICATES AREA OF VACATION WiIU.. WILLDAN W ENGINEERS · Pk4NNERS R '"'' ~_J!S~'1'5 NllIITH, "'IT[... SOIULlOfilolJi",)J~.' tt7"'-'''t7 n A..f A C562 I 1OI-6Z00 - SCAlE ,'= 80' DATE JUH 21. 2006 ORA'" BY D.II[YERBACH VACATllJI.DGN ptECK!:D BY MNEll YUSllNIPREBlE SKETCH TO ACCOMPANY LEGAL DESCRIPTION