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RES-2014-005 This Document was electronically recorded by City of Anaheim Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 11111111111111 11111111 1111 IIII FEE WHIN RECORDED MAIL TO: 2014000030727 01:41 pm 01/24/14 93 408 R28 6 CITY CLERK 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 CITY OF ANAHEIM 200 SI. Anaheim Blvd. Suite 217 Anaheim, CA 92805 EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Resolution 2014 -005 (Abandonment 2013- 00265) RESOLUTION 2014- 005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF PUBLIC SERVICE EASEMENTS GENERALLY LOCATED AT' 311 EAST LA PALMA AVENUE PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8333 - SUMMARY VACATION. (ABANDONMENT NO. 2013- 00265) WHEREAS, an applicant has requested the vacation of a portion of public utility easements generally located at 3311 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described below (collectively, the 'Public Service Easement "), in order to clear title to the land in conjunction with future development. and WHEREAS, the City of Anaheim ( "City ") acquired the Public Service Easement for public utility purposes and storm drain and incidental purposes ('Public Utility Purposes "): and WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City may summarily vacate a Public Service Easement under one or more of the following circumstances: (i) if, for a period of five consecutive years, the Public Service Easement has not been used for the purpose for which it was dedicated or acquired, or (ii) if the Public Service Easement has been superseded by relocation, or determined to be excess by the City, and there are no other public facilities located within the Public Service Easement, or (iii) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the Public Service Easement has not been used continuously since that date: and WHEREAS, the Public Service Easement to be vacated has been superseded by relocation and there are no other public utility facilities located within the Public Service Easement. WHEREAS, the City Council finds and determines, based upon the existing uses of the subject real property, that the proposed vacation of the Public Service Easement 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. 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 Exhibit A and Exhibit 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 Countv 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of January , 2014, by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN:Mayor Tait CITY OF ANAHEIM By: MAYOR OF THE C TY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM -2- SHEET 1 OF 1 EXHIBIT " "A EASEMENT TO BE VACATED LEGAL DESCRIPTION THAT CERTAIN DOCUMENT ENTITLED "EASEMENT DEED" FOR A TWENTY (20) FEET WIDE STORM DRAIN EASEMENT, GRANTED TO THE CITY OF ANAHEIM., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 2000 AS INSTRUMENT NO. 2000 - 0587221, OF OFFICIAL RECORDS OF SAID COUNTY. TOGETHER WITH THOSE PORTIONS STRIP NO's. 1, 3 AND 4 OF DOCUMENT ENTITLED "EASEMENT DEED" GRANTED TO THE CITY OF ANAHEIM., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JULY 16, 1998 AS INSTRUMENT NO. 1998 - 0458499, OF OFFICIAL RECORDS OF SAID COUNTY, LYING IN PARCEL 1 OF LOT LINE ADJUSTMENT NO, 663, RECORDED OCTOBER 15, 2007 AS INSTRUMENT NO. 2007 - 629441, OF SAID OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL OF SAID STRIP NO. 3, ALL OF SAID STRIP NO. 4, TOGETHER WITH THAT PORTION OF SAID STRIP NO. 1 LYING SOUTHERLY OF A LINE PARALLEL WITH AND DISTANT 218.28 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE MOST NORTHERLY LINE OF SAID PARCEL 1 AND LYING NORTHERLY OF A LINE PARALLEL WITH AND DISTANT 513.40 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE MOST NORTHERLY LINE OF SAID PARCEL 1. ABOVE VACATIONS CONTAIN: 28,475 SQUARE FEET. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED UNDER THE DIRECTION OF: j?,f ►� /� 1 B I.�lt L. THI�NLS fAT�� P.I.S. No. 5750 NQ. 5750 * 31 R G. EXP. 12131113 , ;�� �._ EXP 12 / � 13 0:131811ESMTISD -QC -PUB. doc Last Update: 02120113 EXHIBIT "B EASEMENTS TO BE VACATED LINE TABLE LINE # LENGTH BEARING L1 236.66' N 15'55'53" W L2 133.59' N 74'02'43" E L3 255.23' N 74'04'55" E L4 440.41' N 15'55'53" W L5 384.11' N 15'58'43" W L6 82.26' N 69'13'54" W L7 102.78' " N 15'58'43" W L8 261.77' ! N 74'01'21" E L9 3.00' N 77'29'05" W L10 231.03' N 12'30'55" E L11 2.28' N 74'01'52" E L12 j 40.46' N 12'30'55" E . L14 389.84' ' N 74 - 01 - 21 - E L15 338.33' N 74'01'21" E L16 262.17' - - - -- -- EASEMENTS N 74 01 52" E I TO BE VACATED. BASIS OF BEARINGS. SHEET i OF 2 THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO 5221 AND STATION GPS NO 5241 BEING N 15'55'02.4466" W PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR, STATE OF CALIFORN /A. ,�77- o _. -� p?lE• 'G� �� tic Ir?vL!Plr' L VICINITY MAP I AN EASEMENT FOR PUBLIC UTILITY PURPOSES, INGRESS AND EGRESS FOR THE INSTALLATION OF STORM DRAIN FACILITIES AND INCIDENTAL PURPOSES, RECORDED JULY 16, 1998 AS INSTRUMENT NO. 19980458499 OF OFFICIAL RECORDS. IN FAVOR OF THE CITY OF ANAHEIM (THOSE PORTIONS OF STRIPS 1, 3 AND 4 SHOWN ON SHEET 2) 2 4 . , AN EASEMENT FOR STORM DRAIN AND INCIDENTAL PURPOSES, RECORDED OCTOBER 31, 2000 AS INSTRUMENT NO, 20000587221 OF OFFICIAL RECORDS IN FAVOR OF THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION (ALL OF THIS EASEMENT TO BE VACATED) SURVEYOR: Last Update: 2/20/13 0: \3181 \ESMT\SD —OC— PUB \3181— SD- 00— PUB.dwg PREPARED BY.' O Thienes Engineering, Inc. A IAE RING • -AA SURVEYING f 14349 4 'RESTONE BOULEVARD LA M /RADA, CAL /FORNIA 90638 go L H.(714f52f -4811 FAX(7f4)521 -4173 PREPARED UNDER THE DIRECTION OF- L.S. NO. 5750 : - 0. EXP. DEC. 31, 2013 - �N� LAAII CL i m v, NO. 5750 EXHIBIT „B EASEMENTS TO BE VACATED Lost Update:2/20/13 0:\3181\ESM7\SD—OC—PUB\3181—SD-0C—PUB.diig � 0 CI.3 /fir MOS N Z Y L INE OF PARCEL I N 74"03'49" E 835.71' --------------------------------------- SOUTH LINE OLD PARCEL 8 LLA 354 Lo INST. NO. 1997-0512500, O.R. 7) h f�� j U r cv 0 04 'TO BE VACATED SCALE: 1"= 2001' - - - - --- - - - - - - - - - - - - - 71 00, RIP NO. 3 j 01 10 C) TO BE VACATED v -20. 7B' d� r rV C�) APN / �� `,�`� PARCEL L 4 � —_ — — rn O f (0 ----------- 0) - L - 14 - A/0, A Alf). 2007-62944 A,�W 5 4 067 - 2 J54 7 00 ---------------------------- i 239.53' LA PALMA z J_ ai FARCE 5 - 6 APN. 345-OEI-0 — POR. STRIP NO, 1 7 — TO REMKIK L8 STRIP NO- 2 U 00 z in l a"I tx 239.53' LA PALMA z J_ LEGEND: INDICATES EASEMENTS To BE V ACATED. CONTAINS. 28,475 SO FT SkIl COR. LOT lF EL OcK A'/7,4Z EF ,TRA I R. LA, CO. 72157-56 N 74*03'29" E 926.82 687.29' L3 SHEET 2 OF 2 CIL AUTOMETICS WAY—, L2 37 cli !26 1, C-4 A VHNUH ai - 6 — POR. STRIP NO, 1 7 — TO REMKIK STRIP NO- 2 TO REMAIN in LEGEND: INDICATES EASEMENTS To BE V ACATED. CONTAINS. 28,475 SO FT SkIl COR. LOT lF EL OcK A'/7,4Z EF ,TRA I R. LA, CO. 72157-56 N 74*03'29" E 926.82 687.29' L3 SHEET 2 OF 2 CIL AUTOMETICS WAY—, L2 37 cli !26 1, C-4 A VHNUH