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RES-2013-015 This Document was electronically recorded by City of Anaheim Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk Recorder 11 1H111 1 1 I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 NO FEE 2013000072462 01:55pm 02/04/13 217 404 R28 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 v: -- WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805 EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Resolution 2013 -015 (Abandonment No. ABA 2013 - 00260) RESOLUTION 2013- 015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A PUBLIC SERVICE EASEMENT LOCATED AT 601 SOUTH ATCHISON STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. - SUMMARY VACATION. (ABANDONMENT NO. 2013 - 00260) WHEREAS, an applicant has requested the vacation of a portion of a public utility easement generally located at 601 South Atchison Street, in the City of Anaheim, County of Orange, State of California, as more particularly described below ( "Public Service Easement "), in order to clear title to the land and as a condition of approval for residential Tract Map 17422; and WHEREAS, the City of Anaheim ( "City of Anaheim ") acquired the Public Service Easement for public utility purposes ( "Public Utility Purposes "); and WHEREAS, the Public Service Easement is not necessary for present or prospective Public Utility Purposes or any other public purpose; and WHEREAS, the Public Service Easement to be vacated has not been used for Public Utility Purposes for more than five (5) consecutive years and there are no other public facilities located within the Public Service Easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of the Public Service Easement, as more particularly described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim hereby makes this vacation pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4. BE IT FURTHER RESOLVED that the vacation authorized by this Resolution shall not be effective until a certified copy of this Resolution is recorded in the Office of the Recorder of the County of Orange, California. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the Recorder of the County of Orange, California. BE IT FURTHER RESOLVED that from and after the date the certified copy of this Resolution is recorded in the Office of the Recorder of the County of Orange, the vacation shall be complete and the Public Service Easement vacated shall no longer constitute a public service easement. -1- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of January , 2013, by the following roll call vote: AYES: Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: MAY R OF THE C TY OF ANAHEIM ATTEST: " •I dripAote._ CITY CLERK OF THE CITY OF NAHEIM 93180 -2- EXHIBIT "A" LEGAL DESCRIPTION ABANDONMENT THAT POTION OF THAT CERTAIN EASEMENT AS RESERVED IN RESOLUTION NO. 71R- 547 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PER DOCUMENT RECORDED JANUARY 6, 1972 IN BOOK 9957, PAGE 175 OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE ON THE EAST LINE OF TRACT NO. 17291, FILED IN BOOK 897, PAGES 21 THROUGH 25 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, HAVING A BEARING AND DISTANCE OF "N14 °31'07" W 345.58 FEET ", AS SHOWN ON SAID TRACT MAP, SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.50 FEET; THENCE ALONG SAID CURVE 16.14 FEET THROUGH A CENTRAL ANGLE OF 45 °05'57" TO A POINT OF REVERSE CURVE, HAVING A RADIUS OF 47.50 FEET, A RADIAL LINE TO SAID POINT BEARS 59°25'11" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE 36.20 FEET THROUGH A CENTRAL ANGLE OF 43 °39'47" TO THE NORTH LINE OF SAID TRACT, A RADIAL LINE TO SAID POINT BEARS NORTH 76 °55'03" EAST; THENCE ALONG SAID NORTH LINE SOUTH 75 °21'10" WEST 19.99 FEET TO THE EAST LINE OF KROEGER STREET AS SHOWN ON TRACT NO. 17040, FILED IN BOOK 893, PAGES 1 THROUGH 6 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID EAST LINE NORTH 14 °31'07" WEST 39.75 FEET TO THE NORTH LINE OF WATER STREET AS SHOWN ON THEODORE RISER'S RE- SUBDIVISION, FILED IN BOOK 1, PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. M;1Mapping13081421Legals1308.42 VAC Water St.doc Resolution No. 71r-547, Bk 9957, Pg 175 O.R. 1/7/2013 Page 1 of 2 AS SHOWN ON THE EXHIBIT "B" PLAT ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS 7 DAY OFJ � 2013. � SccA SAND so .C''' �L US - - -- , yam _�'� 4( , f • Aiteh L. U5ELTON, LS. 534T_ `4S53i ���s fCENSE EXPIRES 12/31/13 OF CA1.\F0 M:1Mapping\308142\Legals1308.42 VAC Water St.doc Resolution No. 71r -547, Bk 9957, Pg 175 O.R. 1/7/2013 Page 2 of 2 I ' 1 r— _ 1 THEODORE RISER RE wi 1 2 1 a TRACT AID. /7040 will M. 1 / /0 -'1'1 / E co 3 fY C AYEDT M.M. 898 / 1-8 ° Pi -4 P A7ER RSET ,....../n 75'211 E M ' _ I Ct SS ��� �`� k N76•S5'03 "E t TRACT NO. 17291 ? U ^ 1 W /a'�yo� v (RAD) N PM 88-884 co O ` Y tp45'05'57" PARCEL 1 M.M. 8915 POE R= 20.50' L= 16.14' P.M.B. 210187 -88 o °O M V' v i L I L J mi,./ . PIM INDICATES PORTION TO BE VACATED ( ) RECORD PER TRACT NO. 17291, M.M. 897/21 -25. 40' 0' 2 0' 40' ,, 1.AND i r i .. GRAPHIC SCALE: 1" = 40' Lc JERRY L USELTON, LS. 5347 DATE 4f.4)). OF CM .l FUSCOE EXHIBIT 'B' DATE: JAN. 7, 2013 Ilhu SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1' • 40' ` " ` ' 11 ` ` ` I " ` UTILITY EASEMENT ABANDONMENT ' ` 30 8 , 42.01 16795 Von Korman, Suite 100, Irvine, California 92606 SHEET 1 OF 1 tel 949.474.1960 • fax 949,474.5315 • www.fuscoe,com M: \MAPPING \308 \42 \LEGALS \308.42 WATER ST VAC:DWG (01- 07 -13)