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RES-1989-024RESOLUTION NO. 89R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RELATING TO THE ABANDONMENT OR VACATION OF PUBLIC EASEMENTS OR RIGHTS-OF-WAY WHEREAS, procedures are provided by law relating to the abandonment or vacation of public easements or rights-of-way; and WHEREAS, said easements and rights-of-way are valuable interests in real property; and WHEREAS, it is in the public interest to provide for compensation to the City where such easements and rights-of-way are vacated, abandoned or otherwise conveyed by the City upon the application of any party. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the following policy of the City Council is hereby adopted: "It is the policy of the City Council that any applicant requesting the abandonment or vacation of any easement, right-of-way or other property interest (collectively referred to herein as "property interest") by the City shall, as a condition of approval of any such abandonment or vacation, be required to compensate the City in an amount equal to the fair market value of such property interest. The Real Property Section of the City Engineer's Office ("Senior Real Property Agent") shall be responsible for recommending the fair market value of any such property interest and shall provide such information to the City Council and the applicant prior to any decision by the City Council to vacate or abandon any such property interest. Final determination of fair market value shall be made by the City Council except where otherwise provided by law. If the Senior Real Property Agent, at his or her sole discretion, determines that an independent appraisal is advisable, or in any case where the Senior Real Property Agent finds that the fair market value of such property interest may exceed Ten Thousand Dollars ($10,000.00), he or she shall order an independent M.A.I. appraisal of such property interest. The cost of any such appraisal shall be borne by the applicant and shall be deemed an obligation of the applicant due and owing to the City. The requirements of this policy shall not apply to property interests with a fair market value of less than Two Hundred Fifty Dollars ($250.00) since, in such cases, the administrative costs to the City in complying with this policy would exceed the compensation the City would otherwise receive hereunder. Council Policy No. 216 Nothing contained in this policy shall prohibit the City Council from waiving all or any portion o£ the compensation payable to City hereunder, for good cause shown, to the extent otherwise permitted by law." THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this31st day of January, 1989. MA{~OR OF THE CITH OF A~_~HEIM CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 2907L CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-24 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of January, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-24 on the 1st day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of February, 1989. CITY CLERK OF THE CITY OF ANAHEIM ( s E^L) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-24 duly passed and adopted by the Anaheim City Council on January 31, 1989. CITY CLERK OF THE CITY OF ~2]AHEIM~ CiTY OF ANAHEIM- CALIFORNIA COUNCIL POLICY Subject: Policy Effective THE ABANDONMENT OR VACATION OF Number Date Page PUBLIC EASEMENTS OR RIGHTS-OF-WAY 216 1/31/89 1 , It is the policy of the City Council that any applicant requesting the abandonment or vacation of any easement, right-of-way or other property interest (collectively referred to herein as "property interest") by the City shall, as a condition of approval of any such abandonment or vacation, be required to compensate the City in an amount equal to the fair market value of such property interest. The Real Property Section of the City Engineer's Office ("Senior Real Property Agent") shall be responsible for recommending the fair market value of any such property interest and shall provide such information to the City Council and the applicant prior to any decision by the City Council to vacate or abandon any such property interest. Final determination of fair market value shall be made by the City Council except where otherwise provided by law. If the Senior Real Property Agent, at his or her sole discretion, determines the an independent appraisal is advisable, or in any case where the Senior Real Property Agent finds that the fair market value of such property interest may exceed Ten Thousand Dollars ($10,000.00), he or she shall order an independent M.A.I. appraisal of such property interest. The cost of any such appraisal shall be borne by the applicant and shall be deemed an obligation of the applicant due and owing to the City. The requirements of this policy shall not apply to property interests with a fair market value of less than Two Hundred Fifty Dollars ($250.00) since, in such cases, the administrative costs to the City in complying with this policy would exceed the compensation the City would otherwise receive hereunder. Nothing contained in this policy shall prohibit the City Council from waiving all or any portion of the compensation payable to City hereunder, for good cause shown, to the extent otherwise permitted by law. (Adopted 1/31/89, Resolution No. 89R-24) ,~ Revised'