Loading...
RES-2023-087RECORDING REQUESTED BY: CITY OF ANAHEIM WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805 EXEMPT GOVERNMENT AGENCY Per Gov't Code 27383 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111IIIIIIIIIII111111IIII111111111111111111111 No FEE *$ R 0 0 1 4 6 1 8 1 7 0 $ * 2023000258619 3:22 pm 10123123 434 Sec4A A04 R28 13 0.00 0.00 0.00 0.00 36.00 0.00 0.000.000.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY RESOLUTION NO.2023-087 (Abandonment No. ABA2023-00422) RESOLUTION NO. 2023-087 A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED AT 805 EAST SYCAMORE STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ.-SUMMARY VACATION. (ABA2023- 00422) WHEREAS, an applicant has requested the vacation of a certain public utility easement generally located at 805 East Sycamore Street, in the City of Anaheim, County of Orange, State of California, as more particularly described below ("Public Service Easements"), in order to clear title to the land because the electrical facilities have been relocated; WHEREAS, in 2022, the City of Anaheim acquired the Public Service Easement for public utility purposes ("Public Utility Purposes"); WHEREAS, the Public Service Easement is not necessary for present or prospective Public Utility Purposes or any other public purpose; and WHEREAS the Public Service Easement to be vacated has been superseded by relocation and there are no other public facilities located within the Public Service Easement. 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 described in Exhibit "A," recorded July 21, 2022, as Instrument No. 2022000254534 in the Official Records of Orange County, attached hereto and incorporated by 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 County of Orange, California. BE IT FURTHER RESOLVED that the City Clerk be, and 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 day of October , 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN None CITY OF ANAHEIM ATTEST: 930C�LERK OF THE CITY OF ANAHEIM 150003 EXHIBIT "A" TO ABA2023-00422 Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 EXEMPT -GOVERNMENT AGENCY ment Code §§6103 & 27383) Ofty Clerk, City of Anaheim Recorded in Official Records, Orange wmii�iva'�iiiupngAUAHw NO FEE ,p 2031000254534 9:15 m 0/13112I 227 RW9A E01 A04 (Space Above Line For Recorder's Use Only) EASEMENT DFFn City Deed # I L 6 3 `l APN # 035-210-03 File # A Q- y —o 14 ail FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, ANAHEEM POST NO.3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, A CORPORATION ("Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ("Grantee") an easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee's facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibits "A" and "B" attached hereto and incorporated by reference herein ("Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 EXEMPT -GOVERNMENT AGENCY ment Code §§6103 & 27383) ty Clerk, City of Anaheim (Space Above Line For Recorder's Use Only) EASEMENT DEED City Deed # APN # File # 1163K 035-210-03 AG Q Le z, v —o m oo FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, ANAHEEM POST NO.3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, A CORPORATION ("Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation ("Grantee") an easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee's facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibits "A" and "B" attached hereto and incorporated by reference herein ("Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purposes of this easement; (b) interferes with or is harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities. Grantee will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the Easement Area affected by work performed by Grantee in furtherance of the rights granted herein. Dated:'���+� Dated: Dated: ANAHIEM POST NO.3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, A CORPORATION i By: �— A-chael Jerome n Chief yn , Exe y1tive Officer By: ani ' cpherson Jennings, Secretary William Anthony Detki, Chief Financial Officer ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity -of that document. State of California County of r r On �,.r Lp2„C before me, :n 'ur" i r, lot, IC, �" ,- 1 (Insert name and title of the officer) personally appeared kirw _€vi who proved to me on the basis of satisfactory evidence to be the person(►) whose names i re subscribed to the within instrument and acknowled ed to me that&s+m4yey executed the same in his r authorized capacity(ies); and that by is ignature($) on the instrument the person(*, or the entity upon behalf of which the person ft) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L(. WITNESS my hand and orr ]fficial seal.9 ORANGE COUNTY M Commission Etipires June 14, 2023 = Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On - r •r 9 c before me, � Awh 0640V YV' (, (i Bert name and title of the -officer) personally appeared._D,-w,,J aAr)a'5 who proved to me on the basis of satisfactory evidence to Be' the erson(a*whose nam Is bscribed to the within instrument and acknowledged to me tha he stett!Vy executed the same in his it authorized capacity(ies), and that by Is hE=t -elr signature(s�on the instrument the person(}, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.'""' = RYAN r s COMM #2293070 a W Notary Public - California z ORANGE COUNTY jj t.,aq My CommissionnExpiresJune14,20231 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of i ) On r {• Z, before me, , ��. U,�, -`1ZW (i serf name and title of the officer) personally appeared yjjjfim "vn DA=l , who proved to me on the basis of satisfactory evidence to be the person(twhose name(,& i as e subscribed to the within instrument and acknowled ed to me tha he heat W executed the same in his ir''authorized capacity(fe�), and that b his signature(eO on the instrument the personM, or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �RYAN UYEKAwA COMM #2293070 p w "' Notary Pu61ic - Caiifornla � a ORANGE COUNTY � t MyCommission Fx�iresJune 14, 2D29 Signature (Seal) EXHIBIT "A" PUBLIC UTILITY EASEMENT APN: 035-210-03 THAT PORTION OF VINEYARD LOT B1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS DESCRIBED IN EXHIBIT "ONE" OF A DEED OF TRUST RECORDED DECEMBER 27, 2000 AS INSTRUMENT NO. 20000703495 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING WITHIN A STRIP OF LAND, 12.00 FEET WIDE, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE STREET CENTERLINE INTERSECTION OF ORANGE STREET, 24.75 FEET HALF WIDTH, AND SYCAMORE STREET, 31.75 FEET HALF WIDTH, AS SHOWN ON TRACT NO. 2723, PER MAP FILED IN BOOK 84, PAGES 19 THROUGH 21, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE, ALONG SAID CENTERLINE OF SYCAMORE STREET, NORTH 75028114" EAST, 124.75 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LAND DESCRIBED IN EXHIBIT "ONE" OF THE DEED OF TRUST RECORDED DECEMBER 27, 2000 AS INSTRUMENT NO. 20000703495 OF OFFICIAL RECORDS; THENCE, ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE, NORTH 14030'11" WEST, 39.75 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, NORTH 14'030'11" WEST, 25.00 FEET. CONTAINING AN AREA OF 300 SQUARE FEET, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS, RIGHTS -OF -WAY AND OTHER MATTERS OF RECORD, IF ANY. PREPARED BY: STANTEC UNDER THE DIRECTION OF: MINH A. LE, PLS NO. 8543 FEBRUARY 2, 2022 JN: 2042 529404 Ve\2042\2042529404\SURVEY\LEGALS\EM-35-211-03.doo Page I of 1 EXHIBIT "B" N75'28' 14"E 100.00' \ G') I !JJuj 24.75' u_ O 0 r�) I cJ � n o U3 0 0 N Lki l vi n o u '� 0 0 or-z W m M �; J rn SCALE: 1"= 50' n ZQ L<' .3 o C W � O a o 4 o 0 N tT � ul Q z i PROPERTY ADDRESS: 805 E. SYCAMORE STREET ANAHEIM, CA 92805 in �U mew 9 24.75' I l� ��oF � _ N 12' P.O.B. I � N75'28'14"E 100.00' P.O.C. SYCAMORE STREET N75'28'14"E 124.75' — - - Sta ntec SKETCH TO ACCOMPANY LEGAL DESCRIPTION DATE: 2 2 2022 SCALE: 1" - 50' I� PUBLIC UTILITY EASEMENT TOTAL AREA - 300 S.F. 38 TECHNOLOGY DRIVE. SUITE 100. IRVINE, CA 92618 A.P.N. 035-211-03 JO B NO.; 20 Q52 9,0 stontec.com 949-923.6000 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE SHEET 1 OF 1 V.\2042529404\MMWINGS\EXIfBfT- AE4 529404V-MX7002 STATE OF CALIFORNIA LINE TABLE N0. BEARING LENGTH L1 N14'30'11"W 39.75' L2 N14'30'11"W 25.00' CERTIFICATE OF ACCEPTANCE OF AN INTEREST IN REAL PROPERTY BY THE CITY OF ANAHEIM (California Government Code §27281) This is to certify that the interest in real property conveyed by the foregoing Easement Deed dated February 4, 2022 from ANAHEIM POST NO. 3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, a Corporation, is hereby accepted by the Director of Public Works on behalf of the Anaheim City Council, pursuant to authorization conferred by Resolution No. 2021-042 adopted on May 11, 2021, and the grantee hereby consents to recordation hereof by its duly authorized officer. BY Rudy Emami Director of Public Works City of Anaheim, CA DATED Z761 910 t City Deed No. 12634 A B There a Bass, CMC City Clerk City of Anaheim, CA (Seal) 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. 2023-087 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 171' da of October. 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 181' day of October, 2023. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)