69R-351RESOLUTION NO. 69R-351
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY. OF ANAHEIM, ORDERING THE. VACATION AND
ABANDONMENT OF A PORTION OF VERMONT AVENUE
AND AN EASEMENT FOR ROADWAY PURPOSES UPON,
OVER, ACROSS AND ALONG THE. HEREINAFTER
DESCRIBED REAL. PROPERTY; AND RESERVING
AN EASEMENT FOR PUBLIC UTILITY PURPOSES,
INCLUDING, BUT NOT LIMITED TO, WATER
TRANSMISSION AND DISTRIBUTION LINES AND
SANITARY SEWERS AND STORM DRAINS, OVER,
UNDER, ACROSS, ALONG AND THROUGH SAID
PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporation of the State. of California,. did on the
27th day of May, 1969, pass its Resolution No. 69R -317,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION
OF VERMONT AVENUE AND AN EASEMENT FOR ROADWAY PURPOSES. UPON,
OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY;
RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES, INCLUDING,
BUT NOT .LIMITED TO, WATER TRANSMISSION AND DISTRIBUTION LINES
AND SANITARY SEWERS AND STORM DRAINS, OVER, UNDER, ACROSS, ALONG
AND THROUGH SAID PROPERTY; FIXING A TIME AND PLACE. FOR HEARING
THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE
PUBLICATION OF THIS RESOLUT whereby it declared its intention
to. vacate and abandon and close to public use a portion of Vermont
Avenue and an 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
intention to reserve an easement for public utility purposes
including, but not limited to water transmission and distribution
lines and sanitary sewers and storm drains, over, under, across,
along and through the hereinafter described 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 Vermont Avenue, 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 17th day of June, 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 vacation, abandon-
ment and closing to public use of said portion of avenue 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 avenue and easement for roadway purposes should not
be vacated, abandoned and closed to public use; and
WHEREAS, said Resolution was published on the 5th day
of June, 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,
abandonment and closing to public use of said portion of avenue
and easement for roadway purposes be posted conspicuously along
the line of said portion of avenue and easement proposed to be
vacated, 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; and
WHEREAS, Donald R. O'Donnell did on the 5th day of
June, 1969, post conspicuously not less than three (3) such
notices along the line of said portion of avenue 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 17th day of
June, 1969, at 1:30 o'clock P.M., at said City Hall, conduct
a public hearing on the matter of whether said portion of avenue
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 the evidence
submitted that said portion of avenue and easement for roadway
purposes described in the Resolution of Intention and hereinafter
described, are unnecessary for present or prospective avenue and
roadway purposes, and that an order vacating and abandoning such
portion of avenue and easement for roadway purposes should be made.
NOW THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim:
1. That it finds the recitals hereinbefore set
forth in this Resolution to be true;
2. That it finds from all the evidence submitted
that said portion of Vermont Avenue and easement for roadway
purposes described in said Resolution are unnecessary for present
or prospective public purposes;
3. That it does hereby order that said portion of
Vermont Avenue and said easement for roadway purposes be, and they
are hereby, vacated, abandoned and closed to public use;
4. That said portion of avenue and easement for
roadway purposes herein ordered vacated, abandoned and closed
to public use are that certain portion of Vermont Avenue and
easement for roadway purposes described in said Resolution No.
69R -317, are situated in the City of Anaheim, County of Orange,
State of California, and are more particularly described as
follows:
That portion of Vermont Avenue (66 feet wide), for
merly known as Broad Street, lying Northerly of and
adjacent to Lot 29 of the Anaheim Extension as shown
on a map of survey made by William Hamel and filed
in the Office of the County Recorder of Los Angeles
County, California, a copy of which is shown in Book
3, pages 163 et seq, entitled Los Angeles County
Maps, records of Orange .County, California.
Excepting therefrom the Westerly 57 feet thereof,
as measured to the centerline of West Street. Also
excepting therefrom any portion thereof lying within
the State. Highway on the east.
Also excepting therefrom that portion described in
the deed to the City of Anaheim recorded December
15, 1965 in Book 7775, page 70 of Official Records
of Orange .County, California.
5. That it finds that an easement for public utility
purposes, including, but not limited to, waterr transmission and
distribution lines and sanitary sewers and storm drains, over,
under, across, along and through the entire 66 foot wide strip
of land described above, should be reserved.
6. That it does hereby order that an easement for
public utility purposes including, but not limited to, water
transmission and distribution lines and sanitary sewers and storm
drains, over, under, across, along and through the entire 66
foot wide strip of land described above, should be reserved.
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 17th day of June, 1969.
ATTEST;
C CLE OF THE CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
Pro Tem
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 69R -351 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 17th day of June, 1969,
by the following vote of the members thereof:
(SEAL)
AYES: ODUNCILMEN: Dutton, Krein,and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley and Clark
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of
Anaheim approved and signed said Resolution No. 6911.351 on the 17th day
of June, 1969.
IN WITNESS WHER1)F, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 17th day of June, 1969.
CI CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R -351 duly passed and adopted by the Anaheim City Council on June
17, 1969.
City Clerk