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RES-2015-149 RESOLUTION NO. " -149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC ALLEY AT 1001- 1021 NORTH MAGNOLIA AVENUE EXTENDING WESTERLY FROM MAGNOLIA AVENUE TO FELICIDAD STREET (Abandonment No. ABA 2014 - 00288). WHEREAS, the City Council of the City of Anaheim did, by Resolution No. 2015- 132, duly adopted, declare its intention to vacate the public alley located at 1001 -1021 North Magnolia Avenue extending westerly from Magnolia Avenue to Felicidad Street, Anaheim, California, pursuant to the Public Streets, Highways and Service Easements Vacation Law (Part 2 of Division 9 of the California Streets and Highways Code); 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 21 day of April, 2015, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation; and WHEREAS, the public alley proposed for abandonment has been temporarily closed to vehicular traffic due to complaints of dangerous conditions including cut - through traffic and vehicles traveling at high speeds; and WHEREAS, the proposed abandonment has been requested in conjunction with a conditional use permit for a drive - through pharmacy and drive - through restaurant, and such abandoned public alley is proposed to be utilized as landscaped setback area per the conditional use permit; and WHEREAS, the abandonment approved does not convey right, title and interest in the abandoned property to the property owner, which is conveyed by separate quitclaim deed pursuant hereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of a public alley located at 1001 -1021 North Magnolia Avenue extending westerly from Magnolia Avenue to Felicidad Street, as more particularly described in Exhibit "A" and shown in Exhibit "B ", attached hereto and incorporated herein by this reference. 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. 1 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 day of April, 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM BY /�. ��_ sL -w. MAYOR OF THE CI Y 0 ' NAHEIM ATTESA ." "..a CITY CLERK OF THE CITY OF ANAHEIM 108837 2 EXHIBIT A ALLEY VACATION LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF ALLEY BEING 20 FEET WIDE AS SHOWN ON TRACT NO. 2911, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY LYING SOUTHERLY OF SOUTHERLY LINE OF LOT 1 OF SAID TRACT. EXCEPTING THEREFROM THE EASTERLY 3.00 FEET OF SAID PORTION OF THE ALLEY. ALSO EXCEPTING THEREFROM THE WESTERLY 3.00 FEET OF SAID PORTION OF THE ALLEY. ALSO RESERVING THEREFROM, AN EASEMENT UNTO THE CITY OF ANAHEIM FOR PUBLIC UTILITY PURPOSES OVER, UNDER, UPON, ALONG AND ACROSS THE SOUTHERLY 10.00 FEET OF SAID PORTION OF ALLEY BEING 20 FEET WIDE. r L ANp SGT L _ TSALYUK � -4 J X it EXP.12/31 /2015 * tP L.S. 7421 ' i ' F Op CpO \�O t v EXHIBIT B ALLEY VACATION MAP MAGNOLIA AVENUE f366.00' N 00 °13'20" W 296.45' _ J. 286.45' ? Ili - o � 10.00' , ..,_ in r< isri Q 3.00 exist curb NI to Q Z N 00 °13'20" W 276.46' Ok° a. Q o E. N ti� a � o L d- d •' N 0 , `� 10' OA o -�`� A REA TO BE VACATED ► 204, � N � 4, 280 s. f `I►1 \ I w 1.4.1 O - CO 0 o� W 1-1-1 e Z d =90 °02'10" 0 z ■ . 4 R =54.00 N ip d- L= 56.94' N 00 °13'20" W ta► = Z 100.00' ' 1 30.00' —V-- N 00 °1 5'30" W FELICIDAD ST. i 116.51' L N 00°13'20" W 10' N 29°22'10" E 147.04' 15.00' RAD. w r) , �� LAND S SCALE 1"=50' d a e � i'� c3, N U YEFIM TSALYUK � .. Z J X * EXP.12/31 /2015 tP L.S. 7421 T ', i' , F OF CA\ -\FO 4