RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMA RY VACATION TO ABANDON A
CITY OF FULLERTON SEWER EAS EMENT OVER A PORTION OF 2001
EAST ORANGETHORPE AVENUE
WHEREAS, the City no longer needs a sewer eas ement at 2001 East Orangethorpe Avenue for City use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council makes this vacation pursuant to he California Streets and Highways Code Chapter 8335.
2. The easement to vacate for sewer purposes is located on a portion of Assessor's Parcel Numbers 073-120-31 and 073-120-33.
3. The easement to vacate within the property described in Attachment 1 exceeds the City' s need for sewer purposes. The City no longer uses and has removed the easement.
4. From and after the date the City records this resolution , said easement within the property as described in the Attachment 1 is vacated and no longer constitutes a public street or right of way, highway, public service or public utility easement.
5. The City Clerk shall record a certified copy of the resolution of vacation, attested by the City Clerk under seal, twithout acknowledgment, certificate of acknowledgment or further proof in the office of the county recorder. The vacation is complete upon such recordation. ___________________________________
Fred Jung
Mayor ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Attachments:
• Attachment 1 – Vacation of Sewer Easement
ADOPTED BY THE FULLERTON CITY COUNCIL ON ____________, 2022. 084198\15161868v1
1 RECORDING REQUESTED BY
AND RETURN TO:
City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92832
Attn
: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Agreement is recorded at the request and for the
benefit of the City of Fullerton and is exempt from the payment of a recording fee pursuant to Government
Code §§ 6103 and 27383
VACATION OF SEW
ER EASEMENT
This VACATION OF SEWER EASEMENT (“Vacation”) is made on ________________ 2022, by the CITY OF FULLERTON (“City”), a municipal corporation.
RECITALS
A. WHEREAS, by that certain instrument dated April 22, 1963 (“Sewer Easement”), and recorded on August 22, 1963, in Book 6687 Page 301 (“ Recorded Instrument ”) of the County Recorder of the County of Orange (“ County Recorder”), KIMBERLY-CLARK CORPORATION (“Kimberly Clark”), a Delaware stock corporation, granted to the City and its designees an easement and right of way for sanitary sewer and appurtenant structure purposes over, under, along, across and through all that po rtion of the South half of the Southeast quarter of Section 35, Township 3 South, Range 10 West as shown on the map recorded in Book 29 at
more particularly described in Exhibit A attached hereto.
B. WHEREAS, the Sewer Easement described in the Recorded Instrument encumbers the Release Property.
C. WHEREAS, GLC FULLERTON LLC (“ GLC,” and collectively with the City, “Parties”) has acquired all of Kimberly Clark’s rights, title, and interest in the Release Property.
D. WHEREAS, GLC desires the vacation of the Sewer Easement, and the City is willing to vacate the Sewer Easement.
AGREEMENT
NOW, THEREFORE, the City, in consideratio n of the sum of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, the receipt of which is hereby confessed and acknowledged, for itself, its successors and assigns, does hereby remise, release and quitclaim all of its right, title , interest, estate, claim and demand, both at law and in equity, in the Sewer 084198\15161868v1
2 Easement, to GLC. This Vacation shall be effective upon the recordation of a certified copy hereof with the County Recorder.
IN WITNESS WHEREOF, the Parties hereto ha ve executed this Vacation as of the year and day set forth above.
GLC FULLERTON LLC:
By: __________________________
Name: ________________________
Title:
________________________
CITY OF FULLERTON:
By: _____________________________
Name: ___________________________
Title: _____________________________
ATTEST:
Lucinda Williams, City Clerk
APPROVED AS TO FORM:
Richard D. Jones, City Attorney
Sean Matsler, Attorney for GLC FULLERTON LLC
084198\15161868v1
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGEMENT
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 )
) ss.
COUNTY OF )
On ______________, 2022, before me, _____________________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s ) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public
084198\15161868v1
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGEMENT
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 )
) ss.
COUNTY OF )
On ______________, 2022, before me, _____________________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s ) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public
084198\15161868v1
EXHIBIT A
Original Sewer Easement