RESOLUTION NO. ________
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING A PUBLIC UTILITY EASEMENT
LOCATED AT 805 EAST SYCAMORE STREET PURSUANT
TO CALIFORNIA STREETS AND HIGHWAY CODE
SECTION 8330, ET SEQ.-SUMMARY VACATION. (ABA2023-
00422)
W
HEREAS, an applicant has requested the vacation of a certain p ublic utility easement generally located at 805 East Sycamore Street , in the City of Anaheim, County of Orange, State of California, as more particularly described below (“Public Service Easements”), in order to clear title to the land because the electrical facilities have been relocated; W
HEREAS, in 2022, the City of Anaheim acquired the Public Service Easement for public utility purposes (“Public Utility Purposes”); W
HEREAS, the Public Service Easement is not necessary for present or prospective Public Utility Purposes or any other public purpose; and W
HEREAS the Public Service Easement to be vacated ha s been superseded by relocation and there are no other public facilities located within the Public Service Easement.
N
OW, 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,” recorded July 21, 2022, as Instrument No. 2022000254534 in the Official Records of Orange County, attached hereto and incorporated by reference.
B
E 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.
B
E 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.
B
E 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.
B
E 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.
THE FOREGOING RESOLUTION is a pproved and adopted by the City Council of the City of Anaheim this _____ day of _______________, 2023, by the following roll call vote:
AYES
:
NOES
:
ABS
ENT:
AB
STAIN
CI
TY OF ANAHEIM
____________________________________
M
AYOR OF THE CITY OF ANAHEIM
ATTES
T:
By
: _______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
150003/150005
RecordingRequestedby:
City Clerk of the City of Anaheim
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
P.O. BOX 3222
ANAHEIM, CA 92803
EXEMPT - GOVERNMENT AGENCY
ment Code §§ 6103 & 27383)
dity Clerk, CityofAnaheim
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk - Recorder
II IIIIIIIIJjjIIIIIIfjjfj1]11fI IIINO FEE
R 0 0 1 3 8 6 1 2 2 1$*
2022000254534 9: 35 am 07121122
227 RW9A 601 A04 8
0. 00 0. 00 0. 00 0.00 21. 00 0. 00 0. 000. 000. 00 0. 00 Space Above Line For Recorder' s Use Only)
EASEMENT DEED
City Deed # 1Z 6 3LI
APN # 035- 210- 03
File # A6 0- ZeZz — o ) Lt oD
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, ANAHIEM POST NO. 31739VETERANS OF FOREIGN WARS OF THE UNITED STATES, A CORPORATION (" Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation (" Grantee") an easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee' s facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State of California, described in Exhibits " A" and ` B" attached hereto and incorporated by reference herein (" Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances.
EXHIBIT "A" TO ABA2023-00422
RecordingRequestedby:
City Clerk of the City of Anaheim
WHEN RECORDED MAIL TO:
CITY CLERI{
CITY OF ANAHEIM
P. O. BOX 3222
ANAHEIM, CA 92803
EXEMPT - GOVERNMENT AGENCY
ment Code §§ 6103 & 27383)
C4
ty Clerk, City of Anaheim Space Above Line For Recorder' s Use Only)
EASEMENT DEED
City Deed # L 6 3- t
APN # 035- 210- 03
File # A6 Q UZv — 0 ) H 00
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, ANAHIEM POST NO. 3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, A CORPORATION (" Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a municipal corporation (" Grantee") an easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantee' s facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and acrossthe land in the City of Anaheim, County of Orange, Stateof California, describedin Exhibits " A" and ` B" attached hereto and incorporated by reference herein (" Easement Area"), together with all rights of ingress and egress thereto, including the right to enter onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances.
Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that ( a) is inconsistent with the purposes of this easement; ( b) interferes with or is harmful to Grantee' s rights herein; or ( c) interferes with or is harmful to Grantee' s facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with ( a) the Grantee' s rights as defined herein; or ( b) Grantee' s facilities. Grantee will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the EasementArea affected by work performed by Grantee in furtherance of the rights granted herein.
Dated: 02- 16u— J- v )- 2—
Dated: 0 2, —0 0202 2—
Dated: Dated: D — D'/- 0 02 2
ANAHIEM POST NO. 3173, VETERANS OF FOREIGN
WARS OF THE UNITED STATES, A CORPORATION
By: CrdhaelJerome ynn, Chief Exe, gutive Officer
i
By:
ani cphersonJennings, Secretary
By: W
William Anthony Detki, Chief Fi ancial Officer
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of C r-.nr )
On L4 , 2022. before me, an) 4LO, NJc'7,4 ? VAc-
Onsert name and title of the officer)
personally appeared
v '- PY J
who proved to me on the basis of satisfactory evid nce to be the person(,&) whose name{ are subscribed to the within instrument and acknowled ed to me that he sf9e y executed the same in his r authorized capacity(-iesj, and that by is ignature( e) on the instrument the person(, or the entity upon behalf of which the person(&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
r.; ,. - RYAN UYEKAWA
COMM # 2293070 a
WITNESS my hand and official seal. W- ' NotaryPublic - Cadornia ComOmisAsioExpires 0UNN2023S
Signature ( Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of On2!!! Z )
On rra r1„ ., L, before me, ' A Wk4Ww D G (,
sert name and title of the officer)
personally appeared '- n ' U9 ? n \ Jehri
who proved to me on the basis of satisfactory evidence to be the erson* whose namq i ark subscribed to the within instrument and acknowledged to me tha he shettti8y executed the same in his it authorized capacity( ie,&), and that by Is hm'MI—elr signature( g on the instrument the person(}, or the entity upon behalf of which the person( a) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. '"'"; RYAN U
COMM # 2293070 n
w.< I Notary Public- California
MyCommmissssioGExpeOUNTY2023J
2 ................
Signature Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of " Df , )
1 On : r before me, W' CDV'Jw VVI yr
i sert name and title of the officer)
personally appeared W, 111M '?h
o
who proved to me on the basis of satisfacto evidence to be the person( 4whose name( is are- s, to the within instrument and acknowledged to me tha( he%stltt' reyhexecuted the same in his eiT' authorized capacity(* z), and that b his/ ' signature( 40 on the instrument the person( s), or the entity upon behalf of which the person(4) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
AWA
WITNESS m hand and official seals ^_
RYAN
UYEK070y ` . y COMM # 2293070 p
LL, Notary Caiifornlap
a V' /! ORANGE COUNTY -
05 MyCommiszianExpiresJune14.20
61Signature -- ( Seal)
EXHIBIT " A"
PUBLIC UTILITY EASEMENT
APN: 035- 210- 03
THAT PORTION OF VINEYARD LOT B1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS DESCRIBED IN EXHIBIT " ONE" OF A DEED OF TRUST RECORDED DECEMBER 27, 2000 AS INSTRUMENT NO. 20000703495 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING WITHIN A STRIP OF LAND, 12. 00 FEET WIDE, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE STREET CENTERLINE INTERSECTION OF ORANGE STREET, 24. 75 FEET HALF WIDTH, AND SYCAMORE STREET, 31. 75 FEET HALF WIDTH, AS SHOWN ON TRACT NO. 2723, PER MAP FILED IN BOOK 84, PAGES 19 THROUGH 21, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
THENCE, ALONG SAID CENTERLINE OF SYCAMORE STREET, NORTH 75° 28114" EAST, 124. 75 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LAND DESCRIBED IN EXHIBIT " ONE" OF THE DEED OF TRUST RECORDED DECEMBER 27, 2000 AS INSTRUMENT NO. 20000703495 OF OFFICIAL RECORDS;
THENCE, ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE, NORTH 1430' 11" WEST, 39. 75 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE, NORTH 14° 30' 11" WEST, 25. 00 FEET.
CONTAINING AN AREA OF 300 SQUARE FEET, MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT " B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, RIGHTS, RIGHTS- OF- WAY AND OTHER MATTERS OF RECORD, IF ANY.
PREPARED BY: STANTEC
UNDER THE DIRECTION OF:
MINH A. LE, PLS NO. 8543
FEBRUARY 2, 2022
JN: 2042 529404
V:\ 2042\ 2042529404\ SURVEY\ LEGALS\ EM- 35- 211- 03. d0C Page 1 of 1
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EXHIBIT " B"
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LINE TABLE
NO. BEARING LENGTH
L1 N14' 30' 11" W 39. 75'
L2 N 14' 30' 11 " W 25. 00'
SCALE: 1" = 50'
PROPERTY ADDRESS:
805 E. SYCAMORE STREET
ANAHEIM, CA 92805
N75' 28' 14" E 100. 00' —.
l
io L0
P. O. C. I
J
SYCAMORE
F- _
STREET
N75' 28' 14" E 124. 75' - -
SKETCH TO ACCOMPANY LEGAL DESCRIPTION DATE: 2/ 2/ 2022
Stantec PUBLIC UTILITY EASEMENT
SCALE: 1" = 50'
38 TECHNOLOGY DRIVE, SUITE 100, IRVINE, CA 92618 A. P. N. 035- 211- 03 TOTAL AREA = 300 S. F. stantec. com 949- 923- 6000
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE JO B NO.: 20 A252 9A04 V:\ 2042529404\ DRAWINGS\ EXH161T- nLES\ 529404V- AIX7002 STATE OF CALIFORNIA SHEET 1 OF 1
CERTIFICATE OF ACCEPTANCE OF AN INTEREST IN REAL PROPERTY
BY THE CITY OF ANAHEIM
California Government Code § 27281)
This is to certify that the interest in real property conveyed by the foregoing Easement Deed dated February 4, 2022 from ANAHEIM POST NO. 3173, VETERANS OF FOREIGN WARS OF THE UNITED STATES, a Corporation, is herebyacceptedby the Director of Public Works on behalf of the Anaheim City Council, pursuant to authorization conferredby ResolutionNo. 2021-042 adopted on May 11, 2021, and the grantee hereby consents to recordation hereof by its duly authorized officer.
BY
Rudy Emami
Director of Public Works
City of Anaheim, CA
DATED 7111q/ 7 --"Z —
City
Z2—
CityDeed No. 12634
M
Seal)
Therela Bass, CMC
City Clerk
City of Anaheim, CA