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RES-2013-117RESOLUTION 2013- 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF A PUBLIC SERVICE EASEMENT LOCATED AT 1400 S. HARBOR BOULEVARD (ABA2012- 00247) PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. - SUMMARY VACATION. WHEREAS, an applicant has requested the vacation of a portion of a public utility easement generally located at 1400 S. Harbor Boulevard, in the City of Anaheim, County of Orange, State of California, as more particularly described below ( "Public Service Easement "), in order to clear title to the parcel of land in conjunction with the development of a hotel; 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 which is shown on a deed recorded March 25, 1968 in Book 8552, Page 102 of Official Records and which was later assigned to City of Anaheim per an assignment recorded July 3, 1970 in Book 9337, Page 335 of Official Records. This Public Service Easement is more particularly described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. 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 -1- 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 public service easements. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 3t lday of August , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OF T CITY OF ANAHEIM ATTEST CITY 'LERK OF THE CITY OF ANAHEIM 96608 -2- Exhibit 'A' PAGE 1 of 2 Abandonment of an easement to construct, lay, install, use, maintain, alter, add to, repair, replace, inspect and/or remove, at any time and from time to time, an underground electric system in the City of Anaheim, County of Orange, State of California, as decscribed in a portion of a deed recorded March 25th 1968 in Book 8552, pages 102 and 103 Official Records of said County. Said portion of said deed being described as; 'Said underground electric system shall be installed and maintained within a strip of land six (6) feet in width, the centerline of said strip is described as follows: Beginning at the southeasterly corner of said property (as described in said deed); thence, North 80 0 20'00" Wrest 222 feet, more or less, to a point which is located South 89 °57'00" West 218 feet and North 00 °03'00" Wrest 38 feet from the easterly and southerly lines of said property, which point is the beginning of a tangent curve, concave northeasterly, and having a radius of 12 feet; thence, along said cure northwesterly and northerly through a central angle of 80 °17'00", an arc distance of 16.8 feeet; thence tangent to said curve North 00 °03'00" West a distance of 26 feet to a point hereinfter referred to as point "A" Also, a strip of land 8 feet in width, the centerline being described as follows: Beginning at the abovementioned Point "A ", thence, North 00 0 03'00" Wiest a distance of 10 feet.' All as shown on exhibit'B' and made a part hereof. Area of abandonement = 204 square feet. LAND sU EAST N0. 7016 OF CAS- ��� City of Anaheim Description of a bandonm ent of existing underground electrical easement urvey ection at 1415 ManchesterAvenue (APN # 082- 170 -56) 7122113 Drwn by: /E Chkd: Dist. Map R= No. Ian Easton Pis date te: 7/22/13 Date: 1 209 Exhibit 'B' PAGE 2 of 2 Existing easement as described in deed recorded March, 251968 in Book 8552, Page 102 and 103 Official Records, Orange County, Ca. to be abandoned. Area = 204 Square feet +/- Parcel boundary as described in deed recorded March, 251968 in Book 8552, Page 102 and 103 Official Records, Orange County, Ca NOT TO SCALE r 72 SN I (N 89 W) (30.00 Manchester Avenue N 89 89'57'00" W 537. 1415 Manchester Avenue. (APN # 082-170 -56) ����� EAS T � gnu 0 it NO. 7 16 OF C :r— C (N 00 W) 00 (100') M 00') N N LO N 00'06'53" E 3: ' `�- tr) CD '0 7 Held Tan EV ' deed & R 12.00' 1 8 1 per de L = 16.81' Held per deed z L= 80 0 0 N 00'06'53" E 6' 26.00' (N 00 W) (26,00') (S 89 W 218) Held per deed Held Tangent I per deed — N 80-20,,, (N 00'03'00'W): ( 80-10' 00 0 �" 222 (381) w 1 1. A Held per deed 61 43' (N 89 660,00') V Note: Bearings and distances shown in brackets (xxxxx) are per deed recorded March 25, 1 9613. in Bk 8552 Pgs, 102 and 103 O.R. 0 (S 0-1625- E) Bearings and distances with no brackets show the easement as actually described S 00 41(0.73') within the said deed. SW cor. of Torrens Title Cert. # 47 as shown on Record of Survey 83125 , (.Ss no E) 42MI Cerritos Avenue City of Anaheim ( showing Sketch showing location Of existing underground electrical easement to be abandoned. _277,on at 1415 - Manchester Ave. (APN # 1 82-170-66 7122113 Drum by: IE Chkd. Dist. Map R/W No Ian Easton PLS date Eate: 7/22!13 Date: