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RES-2010-046RESOLUTION NO. 2010- 0 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PROTEST OR WAIVE THE CITY'S RIGHT TO PROTEST THE STATE DEPARTMENT OF TRANSPORTATION'S WRITTEN NOTICE OF ITS INTENT TO RELINQUISH CERTAIN HIGHWAYS, CITY STREETS, FRONTAGE ROADS AND OTHER LOCAL ROADS WHEREAS, the City of Anaheim (the "City ") and the State of California, acting by and through the Department of Transportation ( "Caltrans "), entered into a Freeway Agreement on November 9, 1992 (and subsequently amended on July 9, 1996), wherein the City agreed to the closure, relocation and reconstruction of certain state highways, City streets, frontage roads and other local roads (collectively "City Streets ") and wherein Caltrans agreed to acquire the necessary rights - of -way and to relocate and/or reconstruct certain City Streets (the "Freeway.Agreement "); and WHEREAS, the State of California (the "State ") possesses real property interests in those portions of City Streets subject of the Freeway Agreement; and WHEREAS, pursuant to the Freeway Agreement, Caltrans wishes to relinquish the State's right, title and interest in and to those City Streets which have been previously approved by City staff under the provisions of Section 73 of the Streets and Highways Code; and WHEREAS, Section 73 of the Streets and Highways Code requires that the State notify any city to whom the State intends to relinquish a highway of its intent to do so not less than ninety (90) days before recordation of such relinquishment; and WHEREAS, Section 73 of the Streets and Highway Code further states that within the ninety (90) day period, the City Council may protest in writing to Caltrans providing the reasons for protesting the relinquishment, including but not limited to, objections that the highway is not in a state of good repair, or is not needed for public use and should be vacated; and WHEREAS, the City Council desires to delegate the authority to protest or waive the right to protest, within ninety (90) days, the relinquishment of those certain City Streets under Section 73 of the Streets and Highways Code to the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Director of Public Works is hereby authorized, in his or her discretion, to protest or waive the right to protest the relinquishment of certain City Streets pursuant to Section 73 of the Streets and Highways Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of May , 2010, by the following roll -call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY OF AHEIM MAYOR OF THE CITY A EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 76800. 1 /bmorley