RES-2014-065 This Document was electronically recorded by
City of Anaheim
u!: µ , Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
WHEN RECORDED MAIL TO:
CITY CLERK 11111110111111 11 I 101 II IEll l 11111 11 NO FEE
CITY OF ANAHEIM 2014000231636 11:57am 06/12/14
200 S. Anaheim Blvd. Suite 217 217 402 R28 5
Anaheim. CA 92805 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
Resolution 2014 -065
(Abandonment 2013- 00263)
RESOLUTION NO. 2014- 065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING AN EASEMENT FOR ROAD
PURPOSES LOCATED AT 2841 EAST LINCOLN AVENUE
(Abandonment No. ABA 2013- 00263)
WHEREAS, the City Council of the City of Anaheim did, by Resolution No.
2014 -048, duly adopted, declare its intention to vacate an easement for road purposes located at
2841 Est Lincoln Avenue, Anaheim, California, pursuant to the Public Streets, Highways and
Service Easements Vacation Law (Part 3 of Division 9 of the California Streets and Highways
Code); and
WHEREAS, notice of a public hearing to consider said vacation was posted and
published in the manner prescribed by law; and
WHEREAS, on the 22 day of April, 2014, a public hearing was held to allow
interested persons to submit evidence concerning said proposed vacation; and
WHEREAS, the easement to be vacated is unnecessary for present or prospective
public uses; and
WHEREAS, the vacation approved does not convey right, title and interest in the
abandoned property to the property owner, which is conveyed by separate quitclaim deed
pursuant hereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim finds that it is in the best interest of the City to vacate the easement for road purposes
and hereby orders the vacation of an easement for road and public utility purposes granted to the
City of Anaheim per Corporation Easement Deed recorded in Book 8940, Page 746 of Official
Records in the Office of the County Recorder of said County, as described in Exhibit "A ",
attached hereto and incorporated herein by this reference; and, reserves unto the City of Anaheim
an easement for public utilities and drainage purpose over, under and across the entirety of said
"Parcel 2 "; and, reserves unto Southern California Gas Company an easement for the
construction, maintenance, operation, placement, removal, renewal, or enlargement of its present
and future facilities, pursuant to the Quitclaim Deed attached hereto and incorporated herein as
Exhibit "B."
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.
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.
1
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 22 day of April 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, MUrray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN:None
CITY OF HEIM (72
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
By 00.,_ _ (1���►..�•
CITY CLERK OF THE C Y OF ANAHEIM
101427.1/bmorley
2
EXHIBIT A
That certain easement for road purposes located in the City of Anaheim,
County of Orange, State of California, as described in "Parcel Two" of a
Corporation Easement Deed recorded in Book 8940, Page 746, Official
Records of said County;
Recording Requested by:
City Clerk of the City of Anaheim
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF ANAHEIM
P.O. Box 3222
Anaheim, California 92803
ABA2013 -00263
EXHIBIT "B"
M L��
EXEMPT - GOVERNMENT AGENCY Per Gov't Codes 6103
and 27383
By
(Deputy City Cleric, City of Anaheim
APN: 268 - 031-49
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX S NONE (VALUE
AND CONSIDERATION I..,ESS THAN $100.001
CITY OF ANAHEIM
Signature of declarent or agent determining tax, firm name
QUITCLAIM DEED
CITY OF ANAHEIM, a municipal corporation, (Grantor) does hereby REMISE, RELEASE AND
FOREVER QUITCLAIM unto, MONTERRA INVESTMENT, LP, a California limited partnership
(Grantee) Grantor's right, title, and interest in and to that certain easement for road purposes located
in the City of Anaheim, County of Orange, State of California, as described in "Parcel Two" of a
Corporation Easement Deed recorded in Book 8940, Page 746, Official Records of said County;
EXCEPTING AND RESERVING THEREFROM, unto Grantor, an easement for public utilities and
drainage purposes over, under and across the entirety of said "Parcel Two" and
RESERVING THEREFROM, unto Southern California Gas Company an easement for the
construction, maintenance, operation, replacement, removal, renewal, or enlargement of its present
and future facilities. Reservation of easement unto Southern California Gas Company is subordinate
to the above Easement reserved unto Grantor.
This conveyance by Quitclaim Deed is subject to the following Deed Restrictions, which shall run
with the land and be binding upon Grantee, its successors and assigns: Grantee's use of the land
within the boundaries of said "Parcel Two" shall be strictly Limited to use as a Private Street;
Grantee shall be responsible for maintaining said "Parcel Two" as a Private Street; Grantee shall be
responsible for operating and maintaining private street lights; and, no future development by
Grantee may encroach into or onto said "Parcel Two" without Grantor's consent.
CITY OF ANAHEIM, a municipal corporation
Dated: By:
Its: Mayor