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RES-2021-068RECORDING REQUESTED BY: CrrY OF ANAHEIM WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheitn, CA 92805 EXEMPT GOVERNMENT A(IENCY Prr Gov`t Cede 27383 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I IIIIIII 1111111111111111111111111 11 11111111111111111111111111111111111111111 No FEE *$ R 0 0 1 3 6 6 2 3 1 4$* 202200013887910:08 am 04112122 227 RW9A R28 11 0.00 0.00 0.00 0.00 30.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY RESOLUTION NO. 2021-068 (Abandonment No. ABA20219-00396) RESOLUTION NO. 2021- 0 6 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF THREE EXCESS SEGMENTS OF PUBLIC ACCESS AND STREET RIGHT-OF-WAY LYING WEST OF ANAHEIM BOULEVARD AND DIRECTLY SOUTH OF MIDWAY DRIVE (Abandonment No. ABA 2019-00396). WHEREAS, the City Council of the City of Anaheim did, by Resolution No. 2021- 037, duly adopted, declare its intention to vacate excess segments of public access and right of way abutting Midway Drive lying west of Anaheim Boulevard and adjacent to the Anaheim Housing Authority Midway Affordable Apartments, 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 22nd day of June, 2021, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation; and WHEREAS, the proposed abandonment has been requested in conjunction with an Anaheim Housing Authority project known as Midway Affordable Apartments; and WHEREAS, the proposed abandonment is excess right of way, unnecessary for present or prospective public street use within the contemplation of Section 8324 (b) of the California Streets and Highways Code; and WHEREAS, the abandonment approved does not convey right, title and interest in the abandoned property, which is conveyed by separate quitclaim deed pursuant hereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim declares the portion of excess right of way as exempt surplus land within the contemplation of Government Code Section 54221 and does hereby order the vacation of excess segments of public access and right of way abutting Midway Drive lying west of Anaheim Boulevard and adjacent to the Anaheim Housing Authority Midway Affordable Apartments, as more particularly described in Exhibit "A", "C", and "E" and shown in Exhibit "B", "D", and "F", attached hereto and incorporated herein by this reference; EXCEPTING AND RESERVING THEREFROM, unto the City of Anaheim, an easement for public utilities on, over, under, above, along and across the entirety of the above-described land, together, with all rights of ingress and egress for the installation, operations, inspection, maintenance, repair, replacement, relocation, reconfiguration, and removal of any public utilities, including any and all fixtures and appurtenances; 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 approved and adopted by the City Council of the City of Anaheim this 2 2 day of June , 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None .ATTEST: CITY CLERq OF THE CITY OF ANAHEIM 142694/bmorley 2 CITY OF AM\HEIM .3 09 0[! TATE CITY k )F ANA EXHIBIT "A" LEGAL DESCRIPTION ALL OF THE EAST ONE-HALF OF ZEYN STREET LYING ADJACENT TO LOTS 21 THROUGH 26, INCLUSIVE, IN BLOCK 1 OF TRACT NO. 419, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 16, PAGE 2 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 26; THENCE ALONG THE WESTERLY LINE OF SAID LOT 26 SOUTH 00040'56" WEST, 6.09 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 47006'12" WEST, 3.57 FEET; THENCE NORTH 89019'04" WEST, 23.91 FEET, TO THE CENTERLINE OF SAID ZEYN STREET; THENCE ALONG SAID CENTERLINE NORTH 00040'56" EAST, 8.63 FEET, TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 26; THENCE EASTERLY ALONG SAID PROLONGATION SOUTH 89009'32" EAST, 26.50 FEET, TO THE POINT OF BEGINNING. CONTAINING 7727 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. DATED THIS 10 DAY OF JUNE 2021. �o�""' L`i` 0 KURT R. TROXELL L.S. 7854 y No. 7854 FUSCOE ENGINEERING ���F CALVO PAGE 1 OF 1 P.O.B. EXCEPTION MIDWAY DRIVE (PUBLIC) L5 IL4-ti — m r V W W z r w N C6 N J 2 EXHIBIT B � o cV � —L1 -L2 ti0� 2� r O C) M a LINE TABLE LINE BEARING DISTANCE L1 SOO.40'56'W 6.09' L2 S47'06'12'W 3.57' L3 N89'19'04"W 23.91' L4 N00'40'56"E 8.63' L5 S89'09'32"E 26.50' cc LINE LEGEND: PROPERTY LINES STREET CENTERLINE T' ® VACATION AREA JOSEPH FISCUS SUBDIVISION M,M, 8/73 50' 0' 25' 50' EXIS7JNQ MOBILE HOME PARK SCALE: 1 " = 50' E N G 1 N E E R 1 16795 Von Korman, Suite 100 Irvine, California 92606 tel 949.474.1960 fox949.474.5315 www.fuscoe.com �`�c`� •., eet, nw • n YYY��JJJJJiJ,,aaa EXHIBIT "C" LEGAL DESCRIPTION ALL OF THAT CERTAIN 12.00 WIDE ALLEY LYING BETWEEN LOTS 1 THROUGH 3, INCLUSIVE, AND 24 THROUGH 26, INCLUSIVE, IN BLOCK 1 OF TRACT NO. 419, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 16, PAGE 2 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHERLY 2.00 FEET THEREOF. CONTAINING 1,777 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. DATED THIS 9 DAY OF JUNE 2021. KURT R. TROXELL L.S. 7884 FUSCOE ENGINEERING PAGE 1 OF 1 MIDWAY DRIVE (PUBLIC) 12' Sib Lb EXHIBIT D 04 N O — jr — yG" 22 yp� 6 vo vo 6 JOSEPH J✓1SCUS SUBDIVJSJON M,M, 8/78 50' 0' 25' 50' 8XJ571NO MOBJL8 HOM8 PARK SCALE: 1 " = 50' Ilk '1111WI F ��.'�_ EXHIBIT E X G 1 N E E R I N F PLAT TO ACCOMPANY LEI 16795 Von Karmen, Suite 100 Irvine, California 92606 tel 949.474.1960 fax449.474.5315 www.fuscoe.com LINE LEGEND: PROPERTY LINES STREET CENTERLINE VACATION AREA 06/09/2021 EXHIBIT "E" LEGAL DESCRIPTION THAT CERTAIN REAL PROPERTY IN THE SOUTHWEST QUARTER OF THE OF THE NORTHWEST QUARTER OF SECTION 23, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS THAT CERTAIN EASEMENT FOR PUBLIC ACCESS AND PUBLIC UTILITIES AS RESERVED BY THE CITY OF ANAHEIM IN GRANT DEED RECORDED MARCH 10, 2011 AS INSTRUMENT NO. 2011000129730, OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. TOGETHER WITH ALL THAT CERTAIN STREET, 29 FEET IN WIDTH, LYING ADJACENT TO AND EASTERLY OF LOTS 1 THOROUGH 6, INCLUSIVE, IN BLOCK 1 OF TRACT NO. 419 AS SHOWN ON THE MAP THEREOF FILED IN BOOK 16, PAGE 2 OF MISCELLANEOUS MAP IN SAID OFFICE OF THE COUNTY RECORDER AND ALL OF THAT CERTAIN STATE HIGHWAY (FORMERLY LOS ANGELES AVENUE), 60.00 FEET IN WIDTH, AS SHOWN ON SAID TRACT NO. 419, LYING SOUTHERLY AND WESTERLY OF THE NORTHERLY AND EASTERLY LINES, OF SAID INSTRUMENT NO. 2011000129730. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY AND EASTERLY OF THE NORTHERLY AND WESTERLY LINES OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN GRANT DEED RECORDED SEPTEMBER 21, 2007 AS INSTRUMENT NO. 2007000576770 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT NORTHEAST CORNER SAID LOT 1; THENCE SOUTH 00°39'22" WEST, 2.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE CENTERLINE OF MIDWAY AVENUE AS SHOWN ON RECORD OF SURVEY NO. 2005- 1187 FILED IN BOOK 21, PAGES 2 THROUGH 6, INCLUSIVE, OF RECORDS OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE SOUTH 89009'32" EAST, 48.08 FEET; THENCE SOUTH 47°36'25" EAST, 19.90 FEET TO A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF THE CENTERLINE OF ANAHEIM BOULEVARD AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID PARALLEL LINE SOUTH 06003'18" EAST, 38.09 FEET TO THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 201100129730; THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY LINES OF SAID LAST INSTRUMENT NO. THE FOLLOWING COURSES: THENCE SOUTH 89012'23" EAST, 7.05 FEET; THENCE NORTH 06003'18" WEST, 38.46 FEET; THENCE NORTH 47036'25" WEST, 22.35 FEET; THENCE NORTH 89009'32" WEST, 53.25 FEET TO THE POINT OF BEGINNING PAGE 1 OF 2 THE ABOVE DESCRIBED PARCEL CONTAINS 10360 SQUARE FEET, MORE OR LESS AS SHOWN ON EXHIBIT "F" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. DATED THIS 9 DAY OF JUNE 2021. L L� � a.• x r � KURT R. TROXELL L.S. 7854 FUSCOE ENGINEERING No. 7854 CA -0 PAGE 2OF2 MIDWAY DRIVE — (PUBLIC) POB EXCEPTIO ° o AREA L8 - --L, /2/ [V 30' N A / � LOj T 2 29' SUBDJ VJ S10N M,M, 8/73 EXJS7INC 0 ci � PAAX 50' O n S89'09'32"E 14 L3 cD O 19.90' L4 t\ O EXHIBIT F W'LY LINE OF SEC 23, T4S, R1 OW, S.B.M. & AY LINE OF LOT 4, MM 8/73 53�� v z 60'm Z- 03 r 50' - o JOSEPH 51SCUS SUBDJ VJ S10N M,M, 8/73 EXJS7INC MOBILE HOME PAAX 50' i -0 c 53' n I I I I 0 25' 50' s�`er1�l� SCALE: 1 " = 50' w5cok IEXHIBIT E N G I N E E R I N G 16795 Von Korman, Suite 100 Irvine, California 92606 tel 949.474.1960 fax949.474.5315 www.fuscoe.com LINE TABLE NO. BEARING LENGTH L1 S00'39'22"W 2.00' L2 S89'09'32"E 48.08' L3 S4736'25"E 19.90' L4 S06'03'18"E 38.09' L5 I N89' 12'23"W 7.05' L6 N06'03' 18"W 38.46' L7 N47'36'25"W 22.35' L8 N89'09'32"W 53.25' CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-068 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of June, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of June. 2021 (SEAL) F THE CITY OF ANAHEIM