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90-387 RESOLUTION NO. 90R-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING KENSINGTON AVENUE AND TEMPLE STREET AND AMENDING RESOLUTION NO. 90R-188, NUNC PRO TUNC (89-4A) WHEREAS, the City Council of the City of Anaheim did, by resolution duly adopted, declare its intention to vacate certain public streets, highways or public service easements 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 5th day of June, 1990, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation; and WHEREAS, the city Council does find, from the evidence submitted, that the street, highway or public service easement hereinafter specifically described is unnecessary for present or prospective public purposes including nonmotorized transportation facilities; and WHEREAS, the City Council does determine that the public convenience and necessity require the reservation and exception of the easement(s) and right(s) of way hereinafter specifically described; and WHEREAS, if and to the extent that there are in place public utility facilities in use for which easements are not reserved and excepted by this resolution, the City Council hereby determines that the public convenience and necessity requires that no easements be reserved for such facilities; and WHEREAS, the city Council of the City of Anaheim did heretofore adopt Resolution No. 90R-188 which Resolution did, due to clerical error and inadvertence, contain a erroneous legal description of the area to be abandoned and it is desired to correct said erroneous legal description, nunc pro tunc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Anaheim does hereby order the vacation of Kensington Avenue and Temple Street, more specifically described as follows: See Revised Legal Description for Abandonment No. 89-4A attached hereto as Exhibit A 89-4A 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 Orange County. 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 at such time as all of the following conditions precedent to said vacation have been fulfilled: 1. The owners of the abutting property shall execute and record an agreement to undertake and complete the conditions imposed by the City Council in granting this abandonment. THE FOREGOING RESOLUTION is approved and adopted by the city Council of the City of Anaheim this6th day of Nove~er, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ME:kh -2- STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ANNElM ) I, LEONOW N. SOHL, City Clerk of the City of An~eim, do hereby certify Mat the foregoing Resolution No. 90R~387 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of November, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, ~rle, Ka~ood, Pickler and Hunter NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I ~RTHER certify that Me Mayor of the City of Anaheim signed said Resolution No. 90R-387 on the 7th day of November, 1990. IN WITNESS MEREOF, I have hereunto set my hand and affixed Me seal of the City of Anaheim this 7th day of November, 1990. CITY CLERK OF THE CITY OF AN~EIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-387, duly passed and adopted by the Anaheim City Council on November 6, 1990. CITY CLERK OF THE CITY OF ANAHEIM Exhibit "A" Revised Legal Description for Abandonment 89 -4A Temple Street and Kensington Avenue described as follows: Beginning at a point in the centerline of Orangethorpe Avenue which bears S 73° 12' 00" W, 868.00 feet from the centerline intersection of Orangethorpe Avenue and Kraemer Boulevard, as shown in City of Anaheim Tie Book 71, page 59; thence N 7© 15' 32" W, 20.28 feet to a point in the Anaheim city Boundary Line; thence along said Anaheim City Boundary Line parallel with and 20.00 feet Northerly, measured at right angles, of the centerline of Orangethorpe Avenue, S 73~ 12' 00" W, 603.63 feet, to an angle point in said Anaheim city Boundary; thence continuing along said Anaheim City Boundary, N 7° 15' 45" W, 40.56 feet; thence leaving said city Boundary, parallel with and 60.00 feet Northerly, measured at right angles, of the centerline of Orangethorpe Avenue, N 73© 12' 00" E, 175.13 feet to the beginning of a tangent curve concave to the Northwest; said point of beginning of curve, being the True Point of Beginning; thence Easterly and Northeasterly along said curve, having a radius of 15.00 feet, through a central angle of 80° 27' 45" an arc distance of 21.07 feet; thence N 7© 15' 45" W, 1150.05 feet to a point .in the Anaheim City Boundary;thence along said Anaheim City Boundary,N 75° 20' 13" E, 413.59 feet; thence leaving said city Boundary, S 7° 15' 32" E, 51.43 feet; thence S 75© 20' 13" W, 335.87 feet to the beginning of a tangent curve concave to the Southeast; thence Westerly and Southwesterly along said curve having a radius of 15.00 feet, through a central angle of 82° 35' 58" an arc distance of 21.62 feet; thence S 7v 15' 45" E, 1077.96 feet, to the beginning of a tangent curve concave to the Northeast; thence Southerly, Southeasterly and Northeasterly along said curve, having a radius of 15.00 feet, through a central angle of 99© 32' 15", an arc distance of 26.06 feet; thence parallel with and 60.00 feet Northerly, measured at right angles, of the centerline of Orangethorpe Avenue, S 73° 12' 00" W to the True Point of Beginning. Excepting and reserving unto the City of Anaheim, easements for public utility purposes for the installation and maintenance of Electrical and Water facilities over, under across and along the above described streets, together with all reasonable rights of ingress and egress. Also reserving unto the Southern California Gas Company, an easement for public utility purposes for the installation and maintenance of gas line facilities over, under along and across the above described streets, together with all reasonable rights of ingress and egress. Said reservation unto Southern California Gas Company is subject to the prior rights of the city of Anaheim. Also reserving unto Metropolitan Water District, an easement for public utility purposes for the installation and maintenance of water facilities under and across that portion of existing Metropolitan Water District easements, recorded in Book 8716, page 223 and Book 8260, page 622 of Orange County records, lying within Temple Street, together with all reasonable rights of ingress and egress. Said reservation unto Metropolitan Water District is subject to the prior rights of the City of Anaheim.