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69R-510 RESOLU'I'ION NO. 69 R- _5liL" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON ill~ EXISTING ROAD WAY FORMERLY KNOWN AS WALNU'l' CREEK ROAD AND PRESENTLY KNOWN AS NOHL RANCH ROAD AND PUBLIC UTILITY AND DRAINAGE PURPOSE EASEMENTS UPON,. OVER, ACROSS, UNDER, ALONG AND THROUGH THE HEREINAFTER DES- CRIBED REAL PROPERTY; FIXING A TI~.E AND PLACE FOR HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEP~OF AND THE PUB- LICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of a portion of an existing service road public utility easement along a roadway known as Nohl Ranch Road and easements upon, over, across, under, along and through the hereinafter described pro- perty; and WHEREAS, 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 a portion of said existing roadway commonly known as Nohl Ranch Road and the easement for public utility and drainage purposes and under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code to abandon a portion of said easements for public utility and drainage purposes. 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 a portion of an exist- ing roadway commonly known as Nohl Ranch Road and easements for roadway public utility and drainage purposes upon, over, across, under, along and through the following described property, situated in the City of Anaheim, County of Orange, State of California to wit: That portion of a certain easement conveyed to the City of Anaheim for service road, public utility purposes and re- alignment of Walnut Creek for drainage purposes, described in Parcel One of the deed recorded November 19, 1964 in Book 7309, pages 776 through 780 of Official Records of Orange County, California, to be abandoned, described as follows: Those parcels of land being a portion of the Parcel 1 of the land conveyed to Louis E. and Margaret Elliott Nohl by deed recorded October 6, 1943 in Book 1210, page 501 of Official Records of Orange County, California, and that portion of the land allotted to Heirs of Leandro Serrano, per Map of Partition of the Rancho Santiago de Santa Ana, recorded in Book "B;' of Judgments of the 17th Judicial District Court; Los Angeles County, California, described as follows: PARCEL ONE: An easement for service road, public utili tv . Commencing at a point which is South 890 19' 23:1 East 65.00 feet from a point in that certain course in the boundary of Parcel 1 of the land conveyed to Louis E. and Margaret Elliott Nohl by deed recorded October 6, 1943 in Book 1210, page 501 of Official Records of Orange ~unty, California, described in said deed as "North 0011' 40" West 2391.30 feet," said point being distant thereon North 00 40 I 37 I; East 493.84 feet from the Southerly terminus of said course; thence North 00 401 37" East parallel with said course 1159.45 feet to the beginning of a tangent curve concave Easterly and having a radius of 600.00 feet; thence Northerly l65.70 feet along said curve through a central angle of 150 49' 23"; thence North 160 30' 00;' East tangent to said curve 219.44 feet to the beginning of a tangent curve concave Westerly and having a radius of 600.00 feet; thence Northerly 392.70 feet along said curve through a central angle of 370 30 i 00 Ii; thence North 210 00' 00;: West 10.00 feet to the Easterly extension of the 2l10-foot radius curve in the South line of the property as described in a deed to the State of California, recorded in Book 1763 page 506 of said Official Records, and the true point of beginning; thence fOllowing e1e line hereinbefore des- cribed, from said South line to the point of commencing and the beginning of a tangent curve concave Easterly and having a radius of 2000.00 feet; thence Southerly 1425.53 feet along said curve through a central angle of 400 50' 18 i. to a point to be hereinafter referred to as "Point A." Excepting therefrom any portion lying Northerly of the Southerly right of way line of the Santa Ana Valley Irrigation Canal. Also excepting therefrom all that area lying southerly of a line South 00 40' 37" West 208.58 feet from the Northerly terminus of a line described as being North 00 40' 37" East, 1,159.45 feet in Parcel One above described. BE IT FURTHER RESOLVED, that reference is hereby made 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 a portion of said existing roadway commonly known as Nohl Ranch Road and easements for service road, public utility and drainage 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 _21E<1 day of Jigp.t~ill!;>..e.r...____J 1969, at 1:30 o'clock P..M. in the Council Chambers ~n the City Hall in the City of Anahe~m is hereby fixed as the time and place for public hearing on the matter of such vacation, abandonment and closing to the public use of a portion of said roadway and easements for service road, public utility and drainage purposes, for all persons interested in, or objecting to, such proposed vacation, abandonment and ('P closing to public use to appear and show cause, if any they have, why such portion of such roadway and easements and the use there- of for the puposes hereinabove mentioned should not be vacated, abandoned and closed to public use. BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of said roadway and easements and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said roadway and easements at least ten (10) days before the date set for said hearing. 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 roadway and easements. (' ( BE IT FURTHER RESOLVED that (proof of publication of any notice required by this resolution ~hall 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 tl1e notice, setting forth the facts regarding such post- ing. BE IT 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 prescri~ed by law, in the Anaheim Bulletin, a newspaper of general dirculation, printed, published and circu- lated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of September, 1969. ~1Aim c(J~$- ATTEST: ~~1frn-1NAifEIM '~tJ,OF CALIFORNIA ) 'COuNrY OF ORANGE ) s s. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-5l0 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 2nd day of September, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND l~'FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-5l0 on the 2nd day of Sep- tember, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of Septmeber, 1969. ~ ~ ~~~ CIT CLERK OF THE CITY OF ANAHEIM (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-5l0 duly passed and adopted by the Anaheim City Council on Sep- tember 2, 1969. ~ ),- ')'J7;;-?_~ City Clerk