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2003-229RESOLUTION NO. 2001t R- 229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT, LOCATED GENERALLY AT 1095 PULLMAN STREET (Abandonment No. 2003-00081) WHEREAS, the City Council of the City of Anaheim did, by Resolution No. 2003R-191, duly adopted, declare its intention to vacate that certain public utility easement, located generally at 1095 Pullman Street, Anaheim, California, pursuant to the Public Streets, Highways and Service Easements Vacation Law; 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 2ND day of December, 2003, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation; and WHEREAS, the abandonment 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 does hereby order the vacation of that certain public utility easement located at 1095 Pullman Street, Anaheim, California, as described in an easement deed recorded on March 5, 1995 as Instrument 95-0091490 in the Office of the Recorder of Orange County, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 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. THE FOREGOING RESOLUTION is the City of Anaheim this 2 day of apllroved and adopted by the City Council of Deceraber ~ 2~ MAYOR OF THE CITY OF ANAHEIM ATTEST: C~'~ CLEK~ OF filE CITY OF ANAHEIM 51962.3 Exhibit A portion of that certain Easement for Water Facilities Recorded March 5, 1995 as Instrument No. 95-0091490 of Official Records, in the City of Anaheim, County of Orange, State of California, said portion of being strips of land 20.00 feet wide, the centerlines which are described as follows: COMMENCING at the southeasterly terminus of that certain course, having a bearing and distance of North .32' 25' 21" West 546.85 feet, in the generally Northeasterly line of Parcel 1 of Lot Line Adjustrr,~nt Number 297, recorded as Instrument No. 94-03.35958 of Official Records of Orange County, said terminus being the beginning of a tangent curve, concave Northeasterly, having a radius of 74.00 feet; thence Southeasterly, continuing along said generally Northeasterly line and along said curve, through a central angle of 19" 27' 00" an arc length of 25.12 feet; thence leaving said curve and said generally Northeasterly line, South 74' 15' ~9" West 65.17 feet to a curve having a radius of 500.00 feet; thence westerly along said curve, through a central angle 6'31'13" an arc length of 56.90 feet; thence South 80' 47' 02" West 54.06 feet; thence, South 9' 12' 58" East 339.50 feet; thence South 80' 47' 02" West 628.88 feet to the True Point of Beginning. Thence South 80' 47' 02" West 10.00 feet to a point herein described as Point "A"; thence North 09' 12' 58" West 236.06 feet to a point herein described as Point "B"; thence North 09' 12' 58" West 181.11 feet; thence South 80' 47' 02" West 27.25 feet to a point on the generally Westerly line of said Parcel 1, distant thereon South 22' 19' 48" West 439.27 feet from the generally Northwesterly line of said Parcel 1. Excepting therefrom the East 4.57 feet of the North 10.00 feet of the intersection of the last 2 mentioned courses. Strip "A" Beginning at the herein described Point "A"; thence South 80" 47' 02" West 40.27 feet. Strip "B" Beginning at the herein described Point "B", thence South 80' 47' 02" West :59.30 feet. Said Portion of Land contains 10,158 square feet, 0.233 acres, more or less. .'Lsep'h P~illa, .S. 7557 Expires:' 12/51/2005 CITY OF ANAHEIM DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION RIGHT-OF-WAY MAP 1095 SOUTH PULLMAN ANAHEIM, CALIFORNIA TMO 9-12-03 76 RfW NO. Recording Requested by: City of Anaheim WHEN RECORDED MAIL TO: Home Depot U.S.A. INC. c/o WD Partners 15420 Laguna Canyon Road, Suite 270 Irvine, CA 92618 MAIL CONFORMED COPY TO: CITY CLERK CITY OF ANAHEIM P.O. Box 3222 Anaheim, California 92803 ABA2003-00081 DOCUMENTARY TRANSFER TAX $ NONE (VALUE AND CONSIDERATION LESS THAN $100.00) CITY OF ANAHEIM Signature of declarent or agent determining tax, firm name SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ANAHEIM, a municipal corporation does hereby REMISE, RELEASE AND FOREVER QUITCLAIM unto William J. Wade, not in his individual capacity, but solely as Owner Trustee ("Owner Trustee") under Trust Agreement (1995-1), dated as of June 13, 1995, as supplemented by Trust Agreement Supplement (1995-1), dated as of June 13, 1995 (the "Trust Agreement"), and WELLS FARGO BANK NORTHWEST, N.A., f/k/a FIRST SECURITY BANK OF UTAH, N.A., not in its individual capacity, but solely as Remainderman Trustee ("Remainderman") under Remainder Trust Agreement (1995-1), dated as of June 13, 1995, as supplemented. All rights, title, and interest in and to the real property situated in the County of Orange, State of California, described as follows: Dated: I STATE OF CALIFORNIA { SS. COUNTY OF { On before me, Personally appeared .personally know to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. By: &orNAHEIM ~ity Clerk Signature Exhibit 'A' A portion of that certain Easement for Water Facilities Recorded March 5, 1995 as Instrument No. 95-0091490 of Official Records, in the City of Anaheim, County of Orange, State of California, said portion of being strips of land 20.00 feet wide, the centerlines which are described as follows: COMMENCING at the southeasterly terminus of that certain course, having a bearing and distance of North 32' 25' 21" West 546.85 feet, in the generally Northeasterly line of Parcel 1 of Lot Line Adjustment Number 297, recorded as Instrument No. 94-0335958 of Official Records of Orange County, said terminus being the beginning of a tangent curve, concave Northeasterly, having a radius of 74.00 feet; thence Southeasterly, continuing along said generally Northeasterly line and along said curve, through a central angle of 19' 27' 00" an arc length of 25.12 feet; thence leaving said curve and said generally Northeasterly line, South 74' 15' 49" West 65.17 feet to a curve having a radius of 500.00 feet; thence westerly along said curve, through a central angle 6'31'13" an arc length of 56.90 feet; thence South 80' 47' 02" West 54.06 feet; thence, South 9' 12' 56" East 339.50 feet; thence South 80' 47' 02" West 628.88 feet to the True Point of Beginning. Thence South 80' 47' 02" West 10.00 feet to a point herein described as Point "A"; thence North 09' 12' 58" West 236.06 feet to a point herein described as Point "B"; thence North 09° 12' 58" West 181.11 feet; thence South 80' 47' 02" West 27.25 feet to a point on the generally Westerly line of said Parcel 1, distant thereon South 22' 19' 48" West 439.27 feet from the generally Northwesterly line of said Parcel 1. Excepting therefrom the East 4.57 feet of the North 10.00 feet of the intersection of the last 2 mentioned courses. Strip "A" Beginning at the herein described Point "A"; thence South 80' 47' 02" West 40.27 feet. Strip "B" Beginning at the herein described Point "B", thence South 80' 47' 02" West 39.30 feet. Said Portion of Land contains 10,158 square feet, 0.233 acres, more or less. ~illa, Expires:' 12/31/2003 CITY OF ANAHEIM DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION RIGHT-OF-WAY MAP 1095 SOUTH PULLMAN ANAHEIM, CALIFORNIA DATE: I DIS. MAP 9--12--03 I 76 I R/W NO. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-229 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 02th day of December 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, McCracken, Chavez, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None CLERK"OF TI--iE CITY OF ANAHEIM (SEAL)