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97-188RESOLUTION NO. 97R -188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT PORTION OF CERRITOS AVENUE BETWEEN WEST STREET AND WALNUT STREET (97 -6A) 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 seventh day of October, 1997, a public hearing was held to allow interested persons to submit evidence concerning said proposed vacation. "Vacation" as used herein shall mean the closure to public use of the street, highway or public service easement and does not affect or impair the City's title to or interest in the property; and WHEREAS, the Specific Plan for the area contemplates and provides for the relocation of Cerritos Avenue to a more northerly location which relocation will be made at a later date; and WHEREAS, the environmental impact of the relocation and temporary closure of Cerritos Avenue was previously considered when adopting the Specific Plan for the area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby determine, from all of the evidence submitted at the public hearing, as follows: A. The public street, highway and /or public service easement is unnecessary for present or prospective use within the contemplation of Section 8324(b) of the Streets and Highways Code; and, B. The public street, highway and /or public service easement is not useful as a nonmotorized transportation facility within the contemplation of Section 892(a) of the Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby order the vacation of Cerritos Avenue between West Street and Walnut Street, subject to the reservation of easements for public utility purposes over the entire area of the abandonment, which area is more particularly described as follows: ATTEST: See Exhibit A attached hereto. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of October, 1997. CITY CLERK OF THE CITY OF ANAHEIM T MAYOR OF THE CITY OF EIM -2- LEGAL DESCRIPTION ABANDONMENT NO. 97 -6A That portion of Cerritos Avenue in the City of Anaheim, County of Orange, State of California, described as follows: Commencing at the centerline intersection of Walnut Street and Cerritos Avenue; thence N 00 40' 23" E, 81.71 feet; thence S 89 19' 37" E 45.00 feet to the True Point of Beginning; thence S 00 40' 23" W 81.71 feet to a point on the centerline of Cerritos Avenue; thence S 00 40' 55" W, 65.28 feet to a point being the beginning of a curve concave Southeasterly, having a radius of 25.00 feet; thence along said curve northerly, northeasterly and easterly through a central angle of 90 13' 51" an arc distance of 39.37 feet to a point; thence S 89 05' 14" E, 1186.89 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 25.00 feet; thence along said curve easterly, southeasterly and southerly through a central angle of 89 44' 48" an arc distance of 39.16 feet to a point of cusp; thence N 01 17' 10" W, 147.11 feet to a point being the beginning of a curve concave Northwesterly, having a radius of 25.00 feet; thence along said curve southerly southwesterly and westerly through a central angle of 90 14' 59" an arc distance of 39.38 feet to a point; thence N 89 05' 14" W, 1181.85 feet to the beginning of a tangent curve concave Northeasterly, having a radius of 25.00 feet; thence along said curve westerly northwesterly and northerly through a central angle of 89 45' 37" an arc distance of 39.17 feet to the True Point of Beginning. EXCEPTING AND RESERVING unto the City of Anaheim an easement for public utilities, and sanitary sewer facilities including ingress and egress for maintenance, over under and across the area of Cerritos Avenue to be abandoned as described above. EXCEPTING AND RESERVING unto Pacific Bell an 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 area of Cerritos Avenue to be abandoned as described above. Said reservation to Pacific Bell is subject to the prior rights of the City of Anaheim under the above stated reservations. 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. 97R -188 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of October, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: Zemel AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -188 on the 7th day of October, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of October, 1997. (SEAL) .t499( sit CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -188 was duly passed and adopted by the City Council of the City of Anaheim on October 7th, 1997. CITY CLERK OF THE CITY OF ANAHEIM