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69R-635 RESOLUTION NO. 69R-- ~~_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EXISTING ROADWAY AND EASE!1ENT FOR ROAm'IAY PURPOSES UPON, OVER, ACROSS h~D ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY: RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER M~D ACROSS A PORTION OF SAID PROPERTY: FIXING A TD'iE AND PLACE FOR A HEARING THEREON: AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS P~SOLUTION. ~~EREAS, a request has been made for the abandonment of that portion of an existing roadway and easement for roadway purposes upon, over, across and along the hereinafter described property; and WHEP~AS, the City Council of the City of Anaheim does elect to proceed under the provisions of the Street Vacation Act of 1941, to abandon or vacate said portion of roadway and easement for roadway purposes; and WHEREAS, the City Council does declare that it intends to reserve an easement for public utility purposes over, under and across a portion of said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use that certain portion of roadway and easement for roadway purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: 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 ~1iscellaneous 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" ~'1est, 5.00 feet from the southeast corner of said Lot 45; thence South 610 18' 40" West, 26.15 feet to a line parallel with and 53.00 feet northerly at right angles from tha"t portion of the centerline of Lincoln Avenue, shown on said Tract No. 6820 as having a bearing of North 780 53' 1611 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' 0011 an arc distance of 23.56 feet to the southerly prolongation of the westerly line of said Lot 48; thence along said prolongation North 110 06' 44' 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' 35;;: an arc distance of 23.56 feet to the point of beginning. -1- -.--. ...._-'-"-'-.~-..........- 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' 1611 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. and that it does elect to proceed under the provisions of the Street Vacation Act of 1941; and BE IT FURTHER RESOLVED that the City Council does hereby further declare that it intends to reserve an easement for public utility purposes over, under and across the Westerly 55 feet of the hereinbefore described land. BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the Office of the City Clerk for further particu- lars 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. BE IT FURTHER RESOLVED that a time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 25th day of ~~vp.mbp.r , 1969, at 1:30 o'clock P.M. in the Council Camber in the City Hall in the City of Anaheim is hereby fixed as the time and place for a public hearing on the matter of such vacation, 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 have, why such portion of roadwayand easement and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use; and BE IT FURTHER P~SOLVED that notices of such proposed vacation ana abandonment of said portion of roadway and easement -2- and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of roadway and easement at least ten (10) days before the date set for said nearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said portion of roadway and easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by 'this resolution shall be made by affidavit as provided in the Code of Civil Procedure and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such posting; and ~ ~,) BE I'I' FURTHER RESOLVED that the City Clerk shall certify to the passage of this resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 4th day of November, 1969. ATTEST: ~~~ ' . /" 1_. ~ C ~ CL RK OF T E C~Y OF ANAHEIM -3- ~ 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 No. 69R-635 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 4th 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-635 on the 4th 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 4th day of November, 1969. ~_)( ?J:://u:...~ CI CLERK OF THE CITY OF ANAHEIM (SEAL) , I, DENE M. WILLIAMS, City Clerk of t4e City of ~~heim, do hereby certify that the foregoing is the origtruti of Reso1ufionNo. 69R-635 duly passed and adopted by the Anaheim City Council on Nov- ember 4, 1969. ~ )r. ~;""-) City Clerk ,~........."._.__ -w