RES-2024-033RECORDING REQUESTED BY:
CrrY OF ANAHER.t
WHEN RECORDED MAIL TO:
MY CLERK
CITY OF ANAREW
200 S. Anaheim Blvd. Suite 217
Anaheim, CA 92805
0
MMPT GOVERNMENT AGENCY Pw Gov't Code 27383
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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2024000116133 3:17 pm 05/09124
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TITLE OF DOCUMENT: RESOLUTION NO.2024-033
(Abandonment No. ABA 2024-00427)
RESOLUTION NO. 2024-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PORTION OF MAGIC WAY LYING
BETWEEN WALNUT STREET AND DISNEYLAND DRIVE IN
CONJUNCTION WITH THE DISNEYLANDFORWARD PROJECT
DEVELOPMENT APPLICATION NO. 2021-00069 (ABANDONMENT
NO. ABA 2024-00427).
WHEREAS, the City Council of the City of Anaheim did, by Resolution No. 2024-014, duly
adopted, declare its intention to consider to vacate that segment of Magic Way lying between Walnut
Street and Disneyland Drive, 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 16th day of April 2024, a public hearing was held to allow interested
persons to submit evidence concerning said proposed vacation; and
WHEREAS, the proposed abandonment has been requested as part of the DisneylandForward
project; and
WHEREAS, upon the completion of specific terms and conditions approved detailed in the
First Amended and Restated Development Agreement No. 96-01, 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim
declares a portion of excess right of way as exempt surplus land within the contemplations of
Government Code Section 54221 and does hereby order the vacation of excess right of way considered
in 3.1.9 First Amended and Restated Development Agreement No. 96-01 as more particularly
described in Exhibit "A", attached hereto and incorporated by this reference; EXCEPTING AND
RESERVING THEREFROM, unto the City of Anaheim, an easement for public utilities and public
services 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 and facilities, 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 to cause
a certified copy of this Resolution to be recorded in the Office of the Recorder of the County of Orange
only after the abandonment and vacation conditions detailed in aforementioned the First Amended and
1
Restated Development Agreement No. 96-01 have been satisfied, and at the direction of the Director
of Public Works.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 1 7 day of Apri,12024, by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
ATTE T:
CITY F C OF THE CITY OF ANAHEIM
Theresa Bass
151692
CITY AN EI
BY
e✓t�
YOR OF CITY OF ANAHEIM
Ashleigh E. Aitken
PSOMAS
EXHIBIT "A'
ABANDONMENT NO. 2024-00427
LEGAL DESCRIPTION
That portion of Magic Way, in the City of Anaheim, County of Orange, State of
California, as described in the Easement Deed recorded October 16, 2018 as
Instrument No. 2018000375782 of Official Records, in the office of the County
Recorder of said County.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITYOFANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2024-033 considered at a regular meeting provided by law, of the Anaheim
City Council held on the 16" day of April. 2024 and adopted on the 17' day of April. 2024 by the
following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 18" day of April. 2024.
*CILE OF THE CITY OF ANAHEIM
Theresa Bass
(SEAL)