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RES-2013-020 This Document was electronically recorded by City of Anaheim Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk Recorder ' .a- 11 Mil 111!III11111111111 11 NO FEE WHEN RECORDED MAIL TO 2013000072466 01:55pm 02/04/13 217 404 R28 6 CITY CLERK 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805 EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Resolution 2013 -020 (Abandonment No. ABA 2013 - 00255) RESOLUTION 2013- 020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING OF A PUBLIC SERVICE EASEMENT LOCATED AT 4905 EAST HUNTER AVENUE PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. - SUMMARY VACATION. (ABANDONMENT NO. ABA 2013 - 00255) WHEREAS, an applicant has requested the vacation of a public utility easement generally located at 4905 East Hunter Avenue, in the City of Anaheim, County of Orange, State of California, as more particularly described below ( "Public Service Easement "), in order to clear title necessary for the subdivision of an existing industrial parcel into four separate parcels (SUBPM2012 -130); and WHEREAS, the City of Anaheim ( "City of Anaheim ") acquired the Public Service Easement for public utility purposes ( "Public Utility Purposes "); and WHEREAS, the Public Service Easement is not necessary for present or prospective Public Utility Purposes or any other public purpose; and WHEREAS, the Public Service Easement to be vacated has not been used for Public Utility Purposes for more than five (5) consecutive years and there are no other public facilities located within the Public Service Easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of the Public Service Easement reserved unto the City of Anaheim in Resolution 76R -519, recorded September 7, 1976 in Book 11879, Page 1374 of Official Records. Easement rights reserved unto Southern California Gas Company shall be reserved. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim hereby makes this vacation pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4. 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, California. 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, California. 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 -1- 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 29th day of January , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: '/Z119 / MAYOR OF THE CITY OF ANAHEIM ATTEST: it (a. 0,/ CITY CLERK OF THE CITY OF NAHEIM 93184 -2- EXHIBIT "A" RESOLUTION NO. 76R- ci A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF CERTAIN PROPERTY DE- SCRIBED HEREIN. WHEREAS, the City Council of the City of Anaheim did, on the 10th day of August, 1976, by Resolution No. 76R -481, in connection with a request for vacation and abandonment of a dedicated street, commonly known as Trinidad Street, located South of Orangethorpe Avenue, West of Kellogg Drive, in the City of Anaheim, and more fully hereinafter described, subject to reserving therefrom a public utility easement to the Southern California Gas Co. and the City of Anaheim to accommodate exist- ing facilities,set the 31st day of August, 1976, at 2:30 o'clock P. M. for a public hearing thereon; and WHEREAS, on said 31st day of August, 1976, at 2:30 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, said public hearing was held; and WHEREAS, the City Council finds from the evidence submitted at said public hearing that said portion of a dedicated street, commonly known as Trinidad Street, located South of Orangethorpe Avenue, West of Kellogg Drive, in the City of Ana- heim, as it may relate to the property described herein, is un- necessary for present or prospective public utility purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That it finds that said public hearing was properly held and that all notices were given and publica- tions made as required by law. 2. That that portion of the real property toward which a request for vacation and abandonment was directed is not necessary for present or prospective public utility purposes and does hereby order that said portion, as herein set forth, be and it is hereby vacated, abandoned and closed to public use subject to the reservation hereinabove set forth. 3. That said portion of real property herein ordered vacated, abandoned and closed to public use is situ- ated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows, to wit: That portion of a dedicated roadway, commonly known as Trinidad Street, located in the City of Anaheim, County of Orange, State of California, being those portions of the Marcos Yorba Allotment and the Thomas Yorba Allotment of the Rancho Canon de Santa Ana, described as follows: - 1 - 75 -17A Parcel One: All that certain 0.18 of an acre parcel of land described in deed to County of Orange recorded March 14, 1967 in Book 8198, page 227, Official Records. Parcel Two: All that certain 0.09 of an acre parcel of land described in deed to County of Orange recorded March 31, 1967 in Book 8214, page 345, Official Records. Reserving therefrom unto the City of Anaheim and the Southern California Gas Co. an easement for public utility purposes over, along and across all of the land above described in Parcel One, to accommodate existing electrical facilities and gas lines. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certified copy of this Resolution and Order, attested by her under the seal of the City of Anaheim, to be recorded in the Office of the County Recorder of Orange County, California. THE FOREGOING RESOLUTION is approved and signed by me this 31st day of August, 1976. it 4 i r /) // MA HE C if 9F' IM ATTEST: rte, s CITY CLERK CLERK OF THE CIZ OF ANAHEIM /am - 2 - STATE OF CALIFORNIA ) - COUNTY OF ORANGE ) ss. • CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R -519 was intro - duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of August, 1976, by the following vote of the members thereof: • AYES: COUNCIL MEMBERS: Kaywood, Kott, -Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour • AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R -519 on the 31st day of August, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of Arigust, 1976. CITY CLERK OF THE CITS OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R -519 duly passed and adopted by the Anaheim City Council on August 31, 1976. ' 4, 00 lf City Clerk