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RES-1989-018RESOLUTION NO. 89R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC STREET TERI CIRCLE AND CERTAIN PUBLIC UTILITY EASEMENTS. WHEREAS, the City Council of the City of Anaheim did, by resolution duly adopted, declare its intention to vacate certain public streets, highways or public service easements pursuant to the Public Streets, Highways and Service Easements Vacation Law; 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 24 day of January, 1989, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation; and WHEREAS, the City Council does find, from the evidence submitted, that the street, highway or public service easement hereinafter specifically described is unnecessary for present or prospective public purposes including nonmotorized transportation facilities. WHEREAS, the City Council does determine that the public convenience and necessity require the reservation and exception of the easement(s) and right(s) of way hereinafter specifically described. WHEREAS, if and to the extent that there are in place public utility facilities in use for which easements are not reserved and excepted by this resolution, the City Council hereby determines that the public convenience and necessity requires that no easements be reserved for such facilities. WHEREAS, the conveyance of this interest is in the best interests of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of Teri Circle and certain public utility easements, more specifically described as follows: All that portion of land situated in the City of Anaheim, County of Orange, State of California, described as follows: 1) Teri Circle, a public street, bounded by lots 11-16 of Tract No. 2780. · Easements for public utility purposes located within a portion of Tract No. 2780, as shown on a Map recorded in Book 89, pages 11 and 12 of Miscellaneous Maps, records of said Orange County, and as dedicated on said Tract Map, described as follows: The Westerly 5.00 feet of Lots 11, 12, and 13; also including Teri Circle; all existing easements for sanitary sewer and water purposes as they now exist within Teri Circle, the Easterly 5.00 feet of Lot 11, and the Westerly 5.00 feet of Lot 16. Together with the Northerly 48.00 feet of Lincoln Avenue lying between the Southerly prolongation of the Easterly line of Lot 14 and the Southerly prolongation of the Westerly line of Lot 13. RESERVING therefrom unto Pacific Bell, a public utility easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances, within the Southerly 10.00 feet of the Northerly 48.00 feet of Lincoln Avenue, as described above, together with all reasonable rights of ingress and egress. Said reservation to said Pacific Bell is subject to the prior rights of the City of Anaheim. 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 Orange County. 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 at such time as all of the following conditions precedent to said vacation have been fulfilled: 1. Payment to the City of Anaheim of One Thousand Nine Hundred Dollars ($1,900.00).. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of January 1989. ' ATTEST- CITY CLERK OF C EIM MES' db 2919L 020389 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-18 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of January, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-18 on the 6th day of February, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of February, 1989. CITY CLERK OF THE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-18 duly passed and adopted by the Anaheim City Council on January 24, 1989. THE C I TY~M