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69R-654 - RESOLUTION NO. 69R-654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THAT A PORTION OF A ROAD- WAY ADJACENT TO THE SANTA ANA FREEWAY AND NORTHEAST OF THE CENTERLINE INTERSECTION OF BALL ROAD AND WEST STREET UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY NOT BE ABANDONED. WHEREAS, the City Council of the City of Anahe~,a municipal corporation of the State of California, did on the 26th day of August, 1969, pass its Resolution No. 69R-499 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF A ROADWAY ADJACENT TO THE SANTA ANA FREEWAY AND NORTHEAST OF THE CENTERLINE INTERSECTION OF BALL ROAD AND WEST STREET UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY: FIXING A TIME AND PLACE FOR A HEARING THEREON: DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," where- by it declared its intention to vacate and abandon and close to public use a portion of a roadway adjacent to the Santa Ana Freeway and Northeast of the centerline intersection of Ball Road and West Street upon, along, over and through the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS! the City Council in said resolution referred to a map on file ~n 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 WHEREAS, said City Council did by said resolution fix the 16th day of September, 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, 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 road- way should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 4th day of September, 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 WHEREAS, 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 be posted conspicuously along the lines of said portion of roadway 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 each portion of roadway; and WHEREAS, Donald R. O'Donnell did on the 29th day of August, 1969, post conspicuously not less than three (3) such notices along the line of each portion of roadway, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- - WHEREAS, said City Council did on the 18th day of November, 1969, at 1:30 o'clock P.M. at said City Hall conduct a continued public hearing on the matter of whether said portion of roadway, 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 of the evidence submitted that said portion of roadway described in the Resolution of Intention and hereinafter described, is necessary for present or prospective roadway purposes and that an order vacating and abandoning such portion of roadway should not be made by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anahei~; 1. That it finds from all the evidence submitted that said portion of a roadway adjacent to the Santa Ana Freeway and Northeast of the centerline intersection of Ball Road and West Street described in said resolution is necessary for present or prospective public purposes; 2. That it does hereby order that said portion of a roadway adjacent to the Santa Ana Freeway and Northeast of the centerline intersection of Ball Road and West Street not be vacated, abandoned and closed to public use; 3. That said portion of roadway is that certain portion of roadway described in said Resolution No. 69R-499, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly des- cribed as follows: That portion of an existing frontage road located in the City of Anaheim, County of Orange, State of California, being a portion of Dreyfus and others lands, as shown on a Map of Anaheim Extension surveyed by WID. Hamel, a copy of which is filed in Book 3, pages 163 et seq., entitled Los Angeles County Maps, in the office of the County Recorder of Orange County, California, described as follows: Commencing at the intersection of the easterly line of West Street, 66.00 feet wide, as shown on a Map of the replat of Orchard Park Tract, recorded in Book 7, page 6 of Miscellaneous Maps, records of Orange County, California, with the southwesterly line of Manchester Avenue 100.00 feet wide, as described in Parcel 2 of Final Order of Condemnation in the Superior Court Case No. 33172, a certified copy of which final order is recorded in Book 847, page 478, November 7, 1936, Official Records of Orange County, California; thence South 150 31' 50" East 284.83 feet along the easterly line of said West Street to an intersection with the northerly line of the land described in deed to the State of California recorded October 13, 1955 in Book 3243, page 14 of Official Records of Orange County, California; thence North 740 28' 10" East 24 feet along a portion of the Northerly line of the land con- veyed to State of California in the last mentioned -2- - deed to the true point of beginning; thence North 740 28' 10" East 81.56 feet to the beginning of a tangent curve concave southwesterly having a radius of 57 feet; thence Southeasterly along said curve through a central angle of 300 Ol' 10" an arc distance of 29.86 feet; thence South 410 02' 52" East 353.26 feet; thence South 160 38' 00" East 96.77 feet; thence North 410 02' 52" West 424.62 feet; thence South 740 28' 10" West 81.19 feet to an intersection with a line parallel with and 57 feet easterly of the centerline of the aforementioned West Street; thence North 150 31' 50" West 40 feet to the true point of beginning. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of November, 1969. ~~~ OR F THE CITY OF AHE:rM ATTEST: ~" ~~ , .. .. tJ~ . ?,..-v' CI Y CLE OF ~TY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SSe ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a - regular meeting of the City Council held on the 18th day of November , 1969 , by the following vote of the members thereof; ---- AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and CJa rk NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 18th day of November , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this~8th day of November , 1969 . ~~~~ , . .a/~... CE OF T~n ~AHEIM (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-654 duly passed and adopted by th~heim City Council on Nov- ember 18, 1969. ~ k. ~ -3- City Clerk