Loading...
1982-259RESOLUTION NO. 82R -259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THE SERVICE ROAD AT THE SOUTHEAST CORNER OF BEACH BOULEVARD AND ROME AVENUE. (81 -16A) WHEREAS, the City Council of the City of Anaheim did, by resolution duly adopted, declare its intention to vacate cer- tain 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 18th day of May, 1982, 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 re- served 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of that certain service road, more specifically described as follows: That portion of a certain 46.00 -foot wide easement for service road purposes located in the City of Anaheim, County of Orange, State of California, to be abandoned, described as follows: Beginning at the southwest corner of Lot 1 in Tract No. 2228, as shown on a map recorded in Book 69, pages 34 through 37, inclusive, Miscellaneous Maps, records of said Orange County; thence N 0° 10' 30" E, 115.18 feet along the west line of said Lot 1 to the beginning of a tangent curve concave southeasterly and having a radius -1- of 13.00 feet; thence Northerly and Easterly along said curve through a central angle of 89° 49' 02" an arc distance of 20.38 feet to an intersection with a line parallel with and 30.00 feet southerly of the centerline of Rome Avenue; thence S 89 59' 32" W, 34.04 feet along said parallel line to the beginning of a tangent curve concave southeasterly and having a radius of 25.00 feet; thence Southwesterly and Southerly along said curve through a central angle of 89° 49' 02" an arc distance of 39.19 feet to an intersection with a line parallel with and 46.00 feet westerly of the westerly line of said Lot 1; thence S 0° 10' 30" W, 103.22 feet along said parallel line to an intersection with the westerly prolongation of the south line of said Lot 1; thence N 89° 59' 32" E, 46.00 feet to the point of beginning. Reserving therefrom unto the City of Anaheim, an ease- ment for public utility purposes over, under and across the southerly 5.00 feet thereof, together with all reasonable rights of ingress and egress. Also reserving therefrom unto the Pacific Telephone and Telegraph Company a public utility easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures, as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances over said alley together with all reasonable rights of ingress and egress. Said reser- vation to said Telephone and Telegraph Company is subject to the prior rights of the City of Anaheim under the above - stated reservation over, under and across the south- erly 5.00 feet thereof. Also reserving therefrom unto the City of Anaheim a public utility easement for the installation and maintenance of underground and overhead electric wires, cables and re- lated electrical facilities over, under and across the westerly 14.00 feet thereof, together with all reasonable rights of ingress and egress. Also reserving unto the City of Anaheim all abutters' rights of access to Beach Boulevard. 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. -2- 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. That an indemnification agreement, acceptable to the City Attorney, be filed with the City Clerk. 2. Recordation of an agreement, approved by the City Attorney, agreeing to accept drainage from Rome Avenue. 3. Construction of a standard 25 -foot radius curb return, at the southeast corner of Beach Boulevard and Rome Avenue, construction of curb and gutter from the new curb return to the existing curb and gutter on the south side of Rome Avenue and removal of existing street improvements between the new curb and the new property line. All of the above to be as approved by the City Engineer, and at no cost to the City of Anaheim. 4. Construction of a storm drain to accommodate the drainage from Rome Avenue as specified by the City Engineer, prior to the final approval of this abandonment. 5. That an easement deed for the above storm drain be executed and recorded prior to the final approval of this abandonment. 6. If the existing water facilities are to remain in place or be relocated, the property owner will grant the necessary easement prior to the final approval of this abandonment. 7. The property owner will reimburse the City of Anaheim for all expenses incurred as the result of the relocation of any of the existing water facilities. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of May, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: IT CLERK OF T.E CITY OF ANAHEIM MES :.fm =10 STATE OF CALIFORNIA ) -'^* COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R -259 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of May, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay NOES.- COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R -259 on the 18th day of May, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this lath day of May, 1982. CITY LERK OF THE TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R -259 duly passed and adopted by the Anaheim City Council on May 18, 1982.