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RES-2008-123WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805 EXEMPT GOVERNMENT AGENCY Per Gov't Code 6103 By: City Clerk, City of Anaheim This Document was electronically recorded by City of Anaheim Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2008000363759 04:30pm 07/30/08 113 92 R28 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Resolution 2008 -123 (ABA No. 2008 00175) SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION 2008- 123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF WEST WATER STREET AND SOUTH WEST STREET PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. SUMMARY VACATION. (Abandonment No. ABA 2008 00175) WHEREAS, the Department of Public Works has requested the vacation of that portion of West Water Street and South West Street Anaheim, California, as described in Exhibit "A" and shown on Exhibit `B" attached hereto and incorporated herein by this reference due to realignment of South West Street and West Water Street by California Department of Transportation (Caltrans); and WHEREAS, that portion of West Water Street and South West Street to be vacated is not necessary for present or prospective street or highway purposes and that area described in Exhibit "A" and depicted in Exhibit `B" will be reserved for public utility purposes; WHEREAS, the easement to be vacated has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, due to Caltrans realignment of South West Street and West Water Street, the excess surplus containing five parcels of land were combined under LLA- 0000566. As a result of LLA- 0000566, excess right -of -way as shown on the attached Exhibit "B was created that is of no use or little value to the City. The portion of the excess surplus will be quitclaimed to the adjacent property owner (APN 036 251 -01) due to the parcel's constraints and configuration. No permanent structures will be built on the area being abandoned and it will be reserved as a public utility easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of, and reserve for public utility purposes, that portion of West Water Street and South West Street in the City of Anaheim, County of Orange, State of California, as shown on Tract No. 335, recorded in Book 15, Page 11 of Miscellaneous Maps, and Tract No. 1400, recorded in Book 42, Pages 14 and 15 of Miscellaneous Maps, in the Office of the County Recorder of said County as described in Exhibit "A" and shown on Exhibit "B attached hereto and incorporated herein by this reference. 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 15th day of July 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY CLERK OF THE CITY OF ANAHEIM 69572.1 CITY OF ANAHEIM BY MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF WEST WATER STREET AND SOUTH WEST STREET, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 335, RECORDED IN BOOK 15, PAGE 11 OF MISCELLANEOUS MAPS, AND TRACT NO. 1400, RECORDED IN BOOK 42, PAGES 14 AND 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF SOUTH WEST STREET, 68.50 FEET WIDE, WITH THE CENTERLINE OF WEST SANTA ANA STREET, 69.50 FEET WIDE, AS SHOWN ON SAID TRACT NO. 335, THENCE ALONG SAID CENTERLINE OF SOUTH WEST STREET SOUTH 14 °26'22" EAST 682.78 FEET; THENCE SOUTH 75 °33'38" WEST 33.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID SOUTH WEST STREET; THENCE ALONG SAID WESTERLY LINE SOUTH 14 °26'22" EAST 3.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 172.00 FEET; THENCE ALONG SAID CURVE SOUTHEASTERLY 138.95 FEET THROUGH A CENTRAL ANGLE OF 46 °17'15" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY 131.85 FEET THROUGH A CENTRAL ANGLE OF 43 °55'16" TO A POINT ON THE NORTHWESTERLY LINE OF LOT 33 OF SAID TRACT NO. 1400, SAID NORTHWESTERLY LINE ALSO BEING THE NORTHWESTERLY LINE OF PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 0000566 RECORDED FEBRUARY 20, 2008 AS INSTRUMENT NO. 2008000077228, OFFICIAL RECORDS OF SAID COUNTY, SAID NORTHWESTERLY LINE ALSO BEING THE SOUTHEASTERLY LINE OF WEST WATER STREET; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 75 °21'07" WEST 89.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 15.00 FEET, SAID CURVE ALSO BEING THE NORTHWESTERLY LINE OF SAID LOT 33, THE NORTHWESTERLY LINE OF SAID PARCEL 1, AND THE SOUTHEASTERLY LINE OF WEST WATER STREET; THENCE ALONG SAID TANGENT CURVE AND NORTHWESTERLY LINE, SOUTHWESTERLY 5.42 FEET THROUGH A CENTRAL Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION ANGLE OF 20 °41'29 THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 41°28'59" WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,208 S.F., MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY UCKNER P.L.S. NO. L007206 DATE Page 2 of 2 LINE /CURVE DATA LINE /CURVE BEARING /DELTA RADIUS LENGTH C1 20'41'29" 15.00' 5.42' N 14'26'22 "W 3.60' 0 SCALE: 1" 40' A= 46'17'15" R= 172.00' L= 138.95' 40' w WA A=43'55'16" R= 172.00' L= 131.85' EXHIBIT "B" (PLAT) N S REE1 S W• P.O.C. 1 SOUTHEASTERLY LINE OF W. WATER STREET PER TRACT NO. 1400 i i` I 1 t I A 6 0/1 I sr S I' T.P.O.B. A j BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. RECORD BEARING "N15 °21'10 "W" PER TRACT NO. 1400, WAS ADJUSTED TO N14 °26'22 "W PER DEED RECORDED 01/23/02 AS INSTRUMENT NO. 20020060197, O.R. INDICATES STREET R/W TO BE VACATED 00