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5978ORDINANCE NO. 5978 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE AND TO CONSTRUCT AND USE, SOLELY FOR TRANSMITTING ELECTRICITY THROUGH THE CITY OF ANAHEIM (EXCEPT IN CASES OF SUBSEQUENT ANNEXATIONS AND OF CUSTOMERS SERVED UNDER FRINGE AGREEMENTS), POLES, WIRES, CONDUITS AND/OR APPURTENANCES, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. WHEREAS, Section 1400 of Article XIV of the Charter of the City of Anaheim (the "Charter Section") authorizes the City Council to grant franchises for the use of public streets, ways, alleys or places for the transmitting or conveying of electricity and power through the City; and WHEREAS, Southern California Edison Company has submitted an application for a franchise pursuant to said Charter Section and Chapter 1.03 of the Anaheim Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION ONE Whenever the words or phrases defined in this section are used in this ordinance, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Grantee" shall mean the Southern California Edison Company, and its lawful successors or assigns; (b) "City" shall mean the City of Anaheim, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form, inclusive of all subdivisions and departments thereof; (c) "City Council'" shall mean the City Council of the City; (d) "Construct and use" or "constructed and used" shall mean to lay, construct, excavate, erect, install, operate, maintain, use, repair, modify, replace, relocate or remove provided that there shall be no increase in either the size or number of Grantee's facilities, unless required for Grantee to comply with applicable statutory or regulatory requirements; (e) ``Finance Director" shall mean the Director of Finance of the City; (f) "Engineer" shall mean the City Engineer and Director of Public Works of the City; r (g) "Franchise'" shall mean this Ordinance, granted by the City, and accepted by Grantee; (h) (h) "General Manager" shall mean the Public Utilities General Manager of the City; (i) "Operations" shall include, but not be limited to, (i) the use, maintenance, repair, inspection, operation, and construction and use of Poles, Wires, and/or Appurtenances, and (ii) all acts, errors or omissions in Grantee's exercise of its rights under this Franchise. (j) "Poles, wires, conduits and/or appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances and/or any other property located or to be located in, along, across, upon, over or under the streets of said City, and used or useful, directly or indirectly, for the purpose of transmitting electricity through the City; and (k) "Streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City. The word "streets" shall not include public utility easements or other easements, licenses, or entitlements of the City, which are not located within public streets, ways, alleys, and places. SECTION TWO (a) This non-exclusive Franchise is hereby granted to the Grantee, its lawful successors and assigns, under and in accordance with the provisions of Article XIV of the City Charter of the City of Anaheim, and its implementing ordinances. Said Franchise authorizes Grantee to use and construct and use, solely for transmitting electricity through the City (except in cases of subsequent annexations and of customers served under fringe agreements), poles, wires, conduits and/or appurtenances, necessary or proper therefor, in, along, across, upon, over, and under the streets within the City. This Franchise shall not permit such poles, wires, conduits and/or appurtenances, or any other property, to be used to distribute, through any means, to any person or entity other than Grantee, any video, audio, radio, voice, or data signal, for any purpose other than the transmitting of electricity through the City except as is permitted by state and federal law. Furthermore, Grantee shall continue to lease excess capacity in fiber optic cable installed pursuant to this Franchise or the State Telecommunications Franchise. This Franchise shall only permit Grantee to maintain or remove its facilities existing as of the effective date of this franchise or which may be added during the term of this Franchise as is necessary for Grantee to comply with applicable statutory or regulatory requirements. (b) This Franchise shall be for a term of 30 years, expiring on December 31, 2035. This Franchise shall continue in full force and effect unless, with the approval of the Public Utilities Commission of the State of California, Grantee shall surrender or abandon the Franchise, or in the event of termination under subsection (c) below. 2 (c) City shall have the right to terminate this Franchise by ordinance, at any time, should any of the following events occur: (i) the Grantee fails to comply with any material provision hereof within ninety (90) days following notice from City, (ii) any material provision hereof becomes invalid or unenforceable, or, (iii) the City purchases (through its power of eminent domain or otherwise) all of the franchise property of Grantee. The Grantee shall be given thirty (30) days written notice prior to the beginning of any termination proceeding. This remedy of termination shall be in addition to any other legal rights, remedies, or causes of action the City may have to enforce the provisions of this Franchise. (d) It is understood and agreed that in accordance with Article XIV of the City Charter and Anaheim Municipal Code § 1.02.010, unless otherwise agreed by City and Grantee, Grantee may not distribute electricity or otherwise engage in any retail sale of electricity within the City without first obtaining a separate franchise from City for such purpose (in addition to the Franchise granted herein) from City for such specific purpose. It is further understood and agreed that a franchise is required by the City Charter even though Grantee is physically capable of serving a customer within the City by poles, wires, conduits, and/or appurtenances of Grantee that are not located in, on, under, above, or across any streets. This subsection (d) shall be deemed to be a "material provision" for purposes of SECTION TWO (c) (i) above. (e) This grant is made in lieu of all other franchises, licenses, permits or other rights (including but not limited to contractual, statutory, administrative or common law rights), held by Grantee, or by any successor of the Grantee to any rights under this Franchise, for transmitting or distributing electricity within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the Franchise hereby granted shall operate as an abandonment of all such franchises, licenses, permits, or other rights, within the limits of this City, as such limits now or may hereafter exist, in lieu of which this Franchise is granted, with the exception of County of Orange Franchise Ordinance No. 2226. SECTION THREE (a) Grantee shall pay to the City during the life of this Franchise a Franchise Fee which shall be equal to two percent (2%) of the gross annual receipts of Grantee arising from the use, operation, or possession of said Franchise. (b) This SECTION THREE shall be deemed to be a "material provision" for purposes of SECTION TWO (c)(i) above. SECTION FOUR (a) On or before the 31st day of March of each calendar year during the term of this Franchise, Grantee shall file with the City Clerk of the City, the original, and with the Director of Finance of the City, one copy, of a statement showing the following: (i) The method (and supporting calculations) used to calculate the franchise fees which are payable to the City in accordance with this Franchise. 3 (ii) Such other data or information as City may reasonably request to calculate or determine the amounts which Grantee is obligated to pay City pursuant to SECTION THREE, provided that the City shall request such data and information from Grantee in writing and shall deliver said request no less than 60 days prior to the due date of the above-described statement. Said statement shall be verified by an authorized agent or authorized officer of Grantee, and shall be in such form and detail as from time to time shall be reasonably prescribed by the Director of Finance. (c) Within fifteen (15) days after the filing of said statement, the Grantee shall pay to City, via check or wire transfer, at the office of the City Treasurer, in lawful money of the United States, the sums of money required to be paid by Grantee to City under SECTION THREE for the calendar year, or fractional calendar year, covered by the statement. (d) Any neglect, omission or refusal by Grantee to file the verified statement required under subsection (a) above, or to make any required payment at the time and in the manner specified shall be deemed a failure to comply with a "material provision" under SECTION TWO (c)(i) above, provided that Grantee shall not have cured said neglect, omission, or refusal to file or pay within ninety (90) days following written notice from the City of such failure to file or pay. The prevailing party in any action to collect or enforce SECTIONS THREE and/or FOUR, shall be entitled to reasonable attorney's fees. (e) The City Treasurer, or any certified public accountant, or qualified person designated by the City, at any reasonable time during business hours, may make examination at Grantee's offices of its books, accounts, and records, germane to and for the purpose of verifying the data set forth in the statement required by SECTION FOUR hereof. SECTION FIVE Any notices under this Franchise shall be in writing, and may be delivered in person, by courier service, or by certified mail, return receipt requested, to the other party at the address shown below, or at such other address as the party may designate by written notice delivered in the manner provided for herein: City of Anaheim Civic Center Attn: City Manager 200 South Anaheim Boulevard Anaheim, CA 92805 4 1.vith a copy to: City Attorney City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 with a copy to: City Clerk Civic Center 200 South Anaheim Blvd. Anaheim, CA 92805 Southern California Edison Company P.O. Box 800 2244 Walnut Grove Avenue Rosemead, CA 91770 Attn: Paul Alcala with a copy to: Southern California Edison Company Region Manager 1851 W. Valencia Drive Fullerton, CA 92833 Attn: Steven K. Nelson SECTION SIX (a) The Franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of Grantee that if and when the City shall thereafter annex or consolidate additional territory, any and all franchise rights and privileges owned by Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. (a) This Franchise may not be transferred (voluntarily, involuntarily, or by operation of law), leased or assigned by Grantee except by consent in writing of the City Council, and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms hereof. Grantee shall file with the City Clerk and City Manager of the City within thirty (30) days after any sale, transfer, assignment of lease of this Franchise, or any part hereof, or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers. In addition to the provisions of this subsection, Grantee shall further comply with any City ordinance that applies to the transfer of franchises. (b) In the event the use of any franchise property is discontinued or abandoned, Grantee shall promptly notify the Engineer and shall, at the option of the City, either abandon such property in place in accordance with the requirements of the City Engineer or remove such property and restore the previous location thereof to a condition acceptable to the Engineer within 180 days. If such property is abandoned and if requested to do so by the Engineer, W Grantee shall submit to the Engineer an instrument, approved by the City Attorney, transferring to the City the ownership of such abandoned franchise property. SECTION SEVEN The Franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to Grantee; nor shall this Franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION EIGHT (a) At City's option, if any portion of any street (surface or subsurface) shall be damaged by reason of any cause arising from Grantee's operation or construction and use of Grantee's poles, wires, conduits and/or appurtenances under this grant, Grantee shall, at its own cost and expense, immediately repair any such damage and restore such portion of street (surface or subsurface), to as good condition as is practicable. Such repair work shall be done under the direction of the Engineer, and in compliance with the Engineer's adopted details and specifications, as the same may be amended from time to time. (b) Grantee shall indemnify, defend and hold harmless the City, its officers, agents, employees, representatives and volunteers, from all liability for damages proximately resulting from any Operations under the Franchise. This subsection (b) shall survive the termination or expiration of this Franchise and shall continue for so long as franchise property of Grantee is located within the City. (c) City shall have the right to change the grade, width or location of any street, or improve any street in any manner, including but not limited to the laying of any sewer, storm drain, conduit, water or other pipe, or construction and installation of any pedestrian tunnel, traffic signal, street lighting facility or other public improvement. If, in the opinion of the Engineer, such work shall require a change in the position or location of any of Grantee's facilities or equipment, Grantee, at its sole expense, on a mutually agreed upon schedule, but in any event within one year after written notice from the Engineer, shall commence the work of doing any and all things to effect such change in position or location in conformity with the Engineer's written instructions; provided, however, that Grantee shall not be required to bear the expense of such work done at the request of the City if and to the extent that such request is on behalf, or for the benefit, of any private developer or other non-governmental entity so long as no expense, direct or indirect, results to the City. (d) Each provision of this SECTION EIGHT shall be deemed to be a ``material provision" for purposes of SECTION TWO (c)(i) above. 6 SECTION NINE Grantee agrees that it shall require any future licensee or other user of its property within City's boundaries and current licensees upon renewal of current licenses to comply with the provisions of Title 18 of the Anaheim Municipal Code. Grantee further agrees that it will require that any such licensee or other user of its property within City's boundaries comply with the standards set forth in this SECTION NINE. In the event of a conflict between the provisions of "Title 18 and the provisions of this Franchise, the provisions of this Franchise shall control. Grantee and its Licensees shall comply with the following: (a) Interior areas of Grantee's property that are visible from the public right of way shall be kept free of weeds higher than three feet (Y) and any and all debris shall be promptly removed from such areas. (b) All landscaping, shrubbery, groundcover, vines and other vegetation or living material required by this SECTION NINE shall be maintained in a healthy condition and reasonably pruned, trimmed and otherwise given appropriate care and any and all debris shall be promptly removed from the licensed area(s). (c) In areas visible from the public right of way, chainlink fencing of existing licensees or tenants shall either be removed or screened with landscaping upon expiration, termination or renewal of existing licenses or leases. In such areas, no new barbed wire fencing shall be installed and existing barbed wire shall be removed from all portions of Grantee's property in such areas upon expiration, termination or renewal of existing licenses or leases. SECTION TEN (a) This Franchise does not relieve the Grantee of any requirement of the City Charter or of any ordinance, rule, regulation or specification of the City, including, but not limited to. any requirement relating to street work, street excavation permits, landscaping, or the use, removal or relocation of property in streets, except as specifically prescribed herein. (b) Grantee shall construct and use all poles, wires, conduits and/or appurtenances in accordance with all of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities. (c) Grantee agrees that any new future distribution or other electrical related facilities within the City will be undergrounded at the time of installation at Grantee's sole cost and expense. (d) Before the work of constructing any poles, wires, conduits, and/or appurtenances is commenced by Grantee, Grantee shall file with the Engineer plans showing the location thereof, which shall be subject to the approval of such Engineer; and all such construction shall 7 be subject to the inspection of said Engineer and done to his or her reasonable satisfaction. All street coverings or openings of traps, vaults. and manholes shall at all times be kept flush with the surface of the streets. (e) The installation and location of any franchise property of Grantee in a street area shall be subject to the approval of the Engineer. The Engineer shall have the right to give Grantee such directions for the location of any poles, wires, conduits and/or appurtenances: (i) as may be reasonably necessary to avoid other utility facilities and structures lawfully in, under, above or across the streets; or, (ii) when the proposed location of any poles, wires, conduits and/or appurtenances is otherwise contrary to the public welfare. (f) Grantee has 47.94 miles of overhead lines within the City. Grantee agrees to remove at Grantee's expense approximately 15 percent, but in no event less than 7.2 miles, of these lines within 60 months of the execution of this franchise. Grantee will begin removal of approximately 4.55 miles of line associated with a sub -transmission line referred to as the "O" line, at Grantee's expense, within six months of the execution of this franchise. Grantee agrees to remove the balance of these lines, which is 2.65 miles, at Grantee's expense in areas determined by Grantee which may or may not be in conjunction with the City's Five Year Undergrounding Plan (FYUP). Grantee shall make best efforts to coordinate the removal of the 2.65 miles of lines with the City's FYUP whenever possible. Any additional lines the City requests to have removed or undergrounded will be done at City's expense. (g) Grantee agrees to grant to the City licenses, subject to CPUC approval, of a ten foot (10') wide area along the frontage of each of Grantee's rights of way with frontage along public rights of way for use by the City as landscaped areas (Beautification Areas). Grantee shall grant such licenses to the City upon expiration, termination or renewal of existing licenses or leases for such areas. In the event City reaches an agreement with a current licensee during their existing term, City may relocate any existing fencing, walls, or gates at City's sole expense. Grantee agrees that it shall require future licensees of any adjacent rights of way and current licensees of any adjacent rights of way at the time of renewal of current licenses, to relocate any existing fencing or walls to accommodate the Beautification Areas, as set forth in Exhibit A attached hereto and made part hereof by this reference. City shall be responsible for the modification of any water meters or lines made necessary by the Beautification Areas. The City agrees that it shall be responsible for installation and maintenance of landscaping in the Beautification Areas at the City's expense as of the effective date of such licenses from Grantee. (h) Each provision of this SECTION TEN shall be deemed to be a "material provision" for purposes of SECTION TWO (c)(i) above. (i) Grantee and City have an ongoing relationship which may result during the term of this Franchise in additional terms and/or agreements which may or not be deemed "material provisions" for purposes of SECTION TWO (c)(i) above and any such documents shall note their relationship to and the applicability of this Franchise. 8 SECTION ELEVEN Grantee agrees to obtain the City's approval, which approval shall not be unreasonably withheld, of any future development or use of Grantee's properties within the City's boundaries. SECTION TWELVE Grantee agrees to cooperate, to the fullest extent possible, with the City to construct, operate and maintain a second point of delivery of electrical energy to the City at a mutually agreeable location within the eastern portion of the City. SECTION THIRTEEN If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ninety (90) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this Franchise forfeited. SECTION FOURTEEN (a) Grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this Franchise; such payment to be made within ninety (90) days after the City shall furnish Grantee with a written statement of such expenses. (b) Not later than thirty (30) days after the publication of this Ordinance, Grantee shall file with the City Clerk a written acceptance of the Franchise hereby granted, and an agreement to comply with the terms and conditions hereof. (c) This Ordinance shall take effect thirty (30) days after its adoption, and shall be deemed effective as of.. july 14. 2005 . The City Clerk shall certify to the adoption of this Ordinance and the same shall be published once in the Anaheim Bulletin newspaper. SECTION FIFTEEN The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. effect. .'ECTION SIXTEEN Ordinance No. 5931 is hereby repealed in its entirety and shall be of no further force or E SECTION SEVENTEEN Neither the adoption of this Ordinance nor the repeal or suspension of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 14t day of June , 2005 by the following roll call vote: (Introduced on June 7, 2005) AYES: Mayor Pringle, Council Member Sidhus Hernandez, Chavez, Galloway NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE CITY OF NAHEIM ATTEST: CITY CLER OFHE CITY OF ANAHEIM 996.6 10 EXHIBIT A: SOUTHERN CALIFORNIA EDISON RIGHT -OF WAY FENCES APN LOCATION FENCING Lease Street Fencing & R0%V Expires Prior Improvements to Segment to 2008 be Set -Back n Available (Prepared by lease Expiration for Trail (a, - SCE N1 07N14 -If Ves Lease Corporate Then By (Whom) Expiration Real (Y/N) Estate—June 7, 2004) North/South 07064201 Looking south at Chain Y Y -Lessee Y Crescent Avenue link 07061213 Yale Avenue Chain link and some razor wire N, Y -Lessee Y facing north 07060209 Yale Avenue Chain link with razor wire Y Y -lessee Y facing south 07060209 Lincoln Avenue Chain link 1' Y -Lessee Y facing north 12602213 & Lincoln Avenue Chain link N Y -Lessee (Except Y (Except 12602222 facing south for E side that is for E side N not SCE fee of channel) owned) 12657144 Broadway facing Chain link with razor wire N Y -Lessee Y north 12607316 Broadway facing Chain link with razor wire Y NA -Future Park Y south Site 12606424 Orange Avenue Chain link with razor wire Y NA -Future Park Y facing north Site 12616316 Orange Avenue Chain link N Y -Lessee Y _ facing south 12617208 Stonvbrook Drive Chain link Y Y -Lessee Y facing north 12617404 Stonvbrook Drive Chain link Y Y -Lessee Y facing south 12622012 Ball Road facing Chain link Y YA.essee Y north 12631011 Ball Road facing Chain link with razor wire Y Y -Lessee Y south EastA«'est 12847233 Brookhurst Street Wrought iron with concrete pilasters N (nun -SCE) N -set back already N facing east improved by Lessee—City retains rights 12848245 & _ Nutwood Street Chain link with razor wire Y Y -Lessee Y 12848226 facing west 12849344 Nutwood Street Chain link with razor wire Y Y -Lessee Y facing east 128-52236 Euclid Street Chain link NA N -Not SCE fee N facing west owned 12937103 Euclid Street Wrought iron and masonry N N -set back already N (Except facing east improved by for E Lessee—City segment) retains rights 12945231 Ninth Street Chain link with razor wire and wrought Y Y -Lessee Y facing west iron 1293-1401 Ninth Street Chain link with razor wire and mesh Y Y -Lessee Y facing east 1293 401 Walnut Street _ Wrought iron Y N -set back already Y facing %%est improved by Lessee—City _ retains rights 12932108 Walnut Street Masonr%- and Chain link with razor wire NA N -set back already N facing cast - improved --City - ---- - Resort -.- -- — - _ retains rights APN LOCATION FENCING Lease Street Fencing & ROW Expires Prior Improvements to Segment to 2008 be Set-Back .'a) Available (Prepared by Lease Expiration for Trail Cq. SCE (17N)-If 1•es Lease Corporate Then By (Whom) Expiration Real (17N) Estate—.lune 7, 2004) 08219017 Harbor Boulevard No fencing NA N-set back already N facing west - improved—City . Resort retains rights 08221047 Harbor Boulevard No fencing Y N-set back already Y facing east - improved—City Resort retains rights 08221053 and Clementine: Street No fencing Y N-set back already Y 08221052 facing west improved—City retains rights 08221075 Clementine Street No fencing Y Y-Lessee Y (9i) facing east 08223068 Anaheim Chain link with razor wire N Y-Lessee Y Boulevard facing east 08224059 Claudina Way Chain link with razor wire N Y-Lessee Y facing west 08224056 and Claudina Way Chain link with slats N Y-City at its Y 08224058 facing east option 0822408 Lewis Street Chain link with razor wire and mesh Y N-set back already Y facing west improved—City retains rights 08225030 Lewis Street Masonry with clinging vines N Y-Lessee Y facing east 08225018 State College Masonry and wrought iron N N-set back already Y Boulevard facing improved—City west. south of retains rights Cerritos Avenue 25306101 State College Chain link Y Y-Lessee Y Boulevard facing east 25306101 Cerritos Avenue Wood Y Y-Lessee Y at State College Boulevard facing south 08321012 Cerritos Avenue Chain link and portion with slats ti' Y-Lessee Y facing north just east of State College Boulevard 08321002 Cerritos Avenue Chain link with razor wire NA N-Not SCE fee N facing north. west owned of Orange (57) Freeway 08321026 Sunkist Street Chain link with razor wire NA N-Not SCE fee N facing «•est. north owned of Cerritos _ Avenue 253642()6 Sunkist Street Chain link with razor wire NA N-Not SCE fee N facing east. north owned of Cerritos Avenue 25364206 Cerritos Avenue Chain link with razor wire NA N-Not SCE fee N facing north. east owned _ of Sunkist Street 25364206 Cerritos Avenue Chain link with razor wire and mesh NA N-Not SCE fee N facing north. west owned ofOrange (57) Freewa) _ 25363127 Cerritos :aven No tenting NA N-Not SCE fee N facing north atue owned 12 APN LOCATION FENCING lease Street Fencing & ROW Expires Prior Improvements to Segment to 2008 be Set -Back 1 Available (Prepared by Lease Expiration for Trail �a� S(.'E (1'/N) -If 1'es Lease Corporate Then By (Whom) Expiration Real (17N) Estate—June 7, 2004) terminus of Douglass Road 25363129 Phoenix Club Chain link with slats NA N -Not SCE fee N Drive facing west owned NC F tencmg Iist4.doc Note: Refer to N/S and E/W maps for overall detail. 53996.6 13 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 23, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: June 23, 2005 61 w Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 5978