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RES-2017-003RESOLUTION 2017- 0 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT PURSUANT TO CALIFORNIA STREETS AND HIGHWAY CODE SECTION 8330, ET SEQ. - SUMMARY VACATION. (ABA2016-00348) WHEREAS, an applicant has requested the vacation of a public utility easement generally located in the City of Anaheim, County of Orange, State of California, as more particularly described below ("Public Service Easements"), in conjunction with a commercial retail development located at 5717-5725 E. Santa Ana Canyon Road; 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Public Utility Purposes or any other public purpose; and WHEREAS, the Public Service Easement to be vacated has been superseded by relocation and there are no other public facilities located within the Public Service Easement.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 as described in Exhibit "A" attached hereto and incorporated by 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 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 complete and the Public Service Easement vacated shall no longer constitute a public service easement. -1- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 0 thday of January , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: le 17 MAYOR OF THE CITY OF ANAHEIM ATTEST: By: CITY CLERK OF THE CITY O ANAHEIM 119960 -2- EXHIBIT A That certain easement located in the City of Anaheim, County of Orange, State of California, described as follows: An Easement for public utility purposes as set forth in an Easement Deed recorded December 2, 1977 in Book 12478, Page 1860 of Official Records of said County CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-003 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of January, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January, 2017. "4fi'e'l CITY CLERK OF THE CITY 6F ANAHEIM (SEAL)