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RES-2009-016By WHEN RECORDED MAIL TO: 7LTI CLERK CITY OF ANAHEIM 300 S Anaheim Blvd. Suite 217 Anaheim. CA 9205 EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 City Clerk. City of Anaheim This Document was electronically recorded by City of Anaheim Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder N�IMI�NIMIh�INN���I�NIINII�NI�HI���I NO FEE 2009000041141 04:10pm 01/29/09 200 59 R28 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Resolution 2009 -016 (ABA No. 2008 00193) SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION 2009- 016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING EXCESS STREET RIGHT -OF -WAY LOCATED AT THE NORTHWEST CORNER OF NORTH KEMP STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. SUMMARY VACATION. (Abandonment No. ABA 2008- 00193) WHEREAS, an applicant has requested the vacation of excess street right -of -way located at the northwest corner of North Kemp Street, Anaheim, California (the "easement and WHEREAS, as a condition to SUBTPM2007 -232, applicant was required to realign Kemp Street to meet current City of Anaheim standards; and WHEREAS, applicant dedicated new street right of way on its parcel map, recorded December 9, 2008 as Instrument Number 200800565585; and WHEREAS, due to realignment of Kemp Street, excess right of way now exists which applicant is requesting to be vacated; and WHEREAS, the easement to be vacated is excess right of way not required for street or highway purposes: and NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of the excess street right -of -way located at the northwest corner of North Kemp Street, in the City of Anaheim, County of Orange, State of California, being that portion of Kemp Street as shown on Parcel Map 2007 -232, as per map filed in Book 365, Page 6 through 9 of Parcel Maps, of Official Records, Orange County, State of California, and as more particularly described in Exhibits "A" and "B" attached hereto. 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. 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 27th day of ,Tanuary 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 1 872 2 /hmurlev CITY OF AN EIM BY: MA OF THE CITY O ANAHEIM EXHIBIT "A" LEGAL DESCRIPTION STREET RIGHT -OF -WAY ABANDONMENT IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF KEMP STREET AS SHOWN ON PARCEL MAP 2007 -232, AS PER MAP FILED IN BOOK.. PAGES L THROUGH c i OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF SAID PARCEL MAP, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE SOUTHERLY BOUNDARY OF SAID PARCEL 3, SHOWN AS HAVING A BEARING AND DISTANCE OF W89 °29'404, 115.72 SAID POINT ALSO BEING THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 52.50 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 84 °36'06" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 °09'26" AN ARC LENGTH OF 17.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID BOUNDARY AND CONTINUING ALONG THE NORTHEASTERLY PROLONGATION OF THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 30 °03'50 AN ARC LENGTH OF 27.55 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 3; THENCE, ALONG SAID SOUTHEASTERLY BOUNDARY, THE FOLLOWING TWO (2) COURSES: 1 NORTH 89 °29'01" WEST, 17.18 FEET; 2 SOUTH 00 °27'57" WEST, 21.14 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 149 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PASCAL R. APOTHELOZ, P.L.S. 7734 DATE REGISTRATION EXPIRES 12/31/09 DATE PREPARED: 10/28/08 Page 1 of 1 L:12004104 -926D Patt Street\EX14926D VAC EX -A.doc CURVE TABLE CURVE DELTA RADIUS LENGTH f---- 37'49'00" 52.50' 34.65' C2 19'09'26" 52.50' 17.55' C3 56'58'27" 52.50' 52.21' C4 39'12'32" 52.50' 35.93' C5 30'03'50" 52.50' 27.55' j LEGEND EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" N89'29'40 'W INDICATES AN EASEMENT FOR ROAD, PUBLIC UTILITY, AND OTHER PUBLIC PURPOSES IRREVOCABLY OFFERED FOR DEDICATION TO THE CITY OF ANAHEIM ON PM 2007 -232 PUB PROPERTY UNE ABANDONMENT AREA STREET DEDICATION UNE CENTERLINES 500'27'57 "W 21.14' N6526' 40"W (RAD) T.P.O.B: 11 5.72' P.O.C. N35'22'50 "W (RAD) N89'29'01 "W 17.16' co c a 2 w (4' o— w w I— u) ALLEY Q SCALE: 1"=30' SHEET 1 OF 1 EXHIBIT "B" CITY OF ANAHEIM, CALIFORNIA Development Resnutce Concultanty Ind, Civil Engineering /Land Sarre0li01Led tludeg 110 M. torte D0, SW. 100 A uMN M6. Cable 1I091 (711)165-61160 0 0 0 0 0