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69R-675 -., RESOLU'I'ION NO. 69R- 69R-675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EXISTING ROADWAY AND EASEMEN'l' FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPER'I'Y; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 4th day of November, 1969, pass its Resolution No. 69R-635 enti tIed i; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EXISTING ROADWAY AND EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER, AND ACROSS A PORTION OF SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION." whereby it de- clared its intention to vacate and abandon and close to~public use that portion of an existing roadway and easement for roadway purposes upon, over, across and along the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council did further declare its in- tention to reserve an easement for public utility purposes over, under and across a portion of said property; and WHEREAS, the City Council in said resolution referred to a map on file in the Office of the City Clerk for further particulars as to the proposed vacation, abandonment and closing to public use of said portion of roadway and easement for roadway purposes, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 25th day of November, 1969, at 1:30 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim as the time and place for a public hearing on the matter of such vaca- tion, abandonment and closing to public use of said portion of roadway and easement for roadway purposes, for all persons interested in or objecting to such proposed vacation, abandonment and closing to public use to appear and show cause, if any they had, why such portion of roadway and easement for roadway purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 13th day of November, 1969, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, State of California; and WHEP~AS, by said resolution said City Council directed that notices of the passage of said resolution~and of the time and place of the hearing on the matter of the vacation, abandon- ment and closing to public use of said portion of roadway and easement for roadway purposes be posted conspicuously along the line of said portion of roadway and easement, not more than 300 feet apart at least ten (10) days before said hearing, and that not less than three (3) such notices should be posted along the line of said portion of easement; and -1- .,.,-..""-,- -~- WHEREAS, Donald R. O'Donnell did on the 13th day of November, 1969, post conspicuously not less than three (3) such notices along the line of said portion of roadway and easement, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 25th day of November, 1969, at 1:.30 o'clock P.M. at said City Hall, conduct a public hearing on the matter of whether said portion of roadway and easement for roadway purposes, hereinafter described, should be vacated, abandoned and closed to public use, and at said hearing did hear evidence thereon; and WHEREAS, the City Council finds from all evidence sub- mitted that said portion of roadway and easement for roadway purposes described in the Resolution of Intention and hereinafter described is unnecessary for present or prospective roadway purposes and that an order vacating and abandoning such portion of roadway and easement should be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim; 1. That it finds the recitals hereinabove set forth in this resolution to be true; 2. That it finds from all evidence submitted that said portion of roadway and easement for roadway purposes described in said resolution is unnecessary for pre- sent or prospective public purposes; 3. That it does hereby order that said portion of roadway and easement for roadway purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of roadway and easement herein ordered vacated, abandoned and closed to public use is that certain portion of roadway and easement for roadway purposes described in said Resolution No. 69R-635, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows:. u_ PARCEL ONE: That portion of Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, lying adjacent to the southerly line of Lots 45, 46, 47 and 48 of Tract No. 6820, according to map recorded in Book 256, pages 19 and 20 of Miscellaneous Maps, records of said County, to be abandoned, described as follows: Beginning at the point of curvature in the southerly line of said Lot 48, thence along the southerly line of said Lots 48, 47, 46, and 45, South 780 52' 51" East 262.39 feet to a point, which is North 780 52' 51" West, 5.00 feet from the southeast corner of said Lot 45; thence South 610 18' 4011 West, 26.15 feet to a line parallel 'vith and 53.00 feet northerly at right angles from that portion of the centerline of Lincoln Avenue, shown on said Tract No. 6820 as having a bearing of North 780 53' 16" West; thence along said parallel line North 780 53' 16" West, 242.30 feet to the beginning of a tangent curve concave northeasterly and having a radius of 15.00 feet; thence northwesterly along said curve, through a central angle of 900 00' 00" an arc distance of 23.56 feet to the southerly prolongation of the westerly line of said Lot 48; thence along said prolongation -2- -~-""",,,,.,.._,,.,=--=,,,,- -- North 110 06' 4411 East, 16.77 feet to the point of curvature in the westerly line of said lot; thence southeasterly along the line of Lot 48, being along a curve concave northeasterly and having a radius of 15.00 feet, through a central angle of 890 59' 351', an arc distance of 23.56 feet to the point of beginning. PARCEL TWO: That portion of Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, lying adjacent to the southerly line of Lots 1, 2, and 3 of Tract No. 6820 according to a map recorded in Book 256, pages 19 and 20 of Miscellaneous Maps, records of said County, to be abandoned, described as follows: Beginning at a point in the southerly line of said Lot 3, distant thereon South 780 52' 51" East, 0.18 foot from the southwest corner of said lot; thence along the southerly line of said Lots 1, 2, and 3, South 780 52' 51" East, 183.25 feet to the beginning of a tangent curve in the southerly line of Lot 1, concave northwesterly and having a radius of 15.00 feet; thence northeasterly along said curve through a central angle of 900 00' 25", an arc distance of 23.56 feet to a point of curvature in the easterly line of Lot 1; thence along the southerly prolongation of said easterly lot line, South 110 06' 44" West, 16.77 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 15.00 feet; thence southwesterly along said curve through a central angle of 900 00' 00" an arc distance of 23.56 feet to a line parallel with and 53.00 feet northerly at right angles from the centerline of Lincoln Avenue, as shown on said Tract No. 6820; thence along said parallel line, North 780 53' 16" West, 167.63 feet to the beginning of a tangent curve concave northeasterly and having a radius of 15.00 feet; thence northwesterly along said curve through a central angle of 790 06' 39" an arc distance of 20.71 feet; thence tangent to said curve, North 00 13' 23" East 4.71 feet to the point of beginning. 5. That it finds that an easement for public utility pur- poses should be reserved over, under and across the Westerly 55 feet of the hereinbefore land described as Parcel Two; 6. That it does hereby order that an easement for public utility purposes be reserved over, under and across the Westerly 55 feet of the hereinbefore land des- cribed as Parcel Two. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certified copy of this resolution and order, attested by her under the seal of the City of Anaheim, to be recorded in the Office of the County Recorder of Orange County, California. THE FOREGOING RESOLUTION is approved and signed by me this 25th day of November, 1969. &~:- lx, -V-~ CI CLERK OF THE CITY OF ANAHEIM ,jJ/~C&OF~ -3- - ~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ss. ) I, DENE M. WI~IAMS, City Clerk of the City of Anaheim, do hereby certify that the. foregoing Resolution No. 69R-675 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of November, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER. CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-675 on the 25th day of Nov- ember, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of November, 1969. (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-675 duly passed and adopted by the Anaheim City Council on Nov- ember 25, 1969. L){.~ City Clerk ~