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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 1111111111111111111111111111111111111111IIIIIIII111111111I1III11111111 NO FEE �$ R 0 0 1 4 9 3 6 1 5 4 4 2024000116133 3:17 pm 05/09124 440 CRSC05 R28 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 ONLY 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)