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63-0983RESOLUTION NO. 63R-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF GUM ROAD AND AN EASE- MENT FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PUR- POSES OVER, UNDER,ACROSS AND THROUGH PORTIONS 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. WHEREAS, a request has been made for the abandonment of a portion of Gum Road and an easement for road purposes upon, over, across and along the hereinafter described property; 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 said portion of Gum Road and ease- ment for road purposes; and WHEREAS, the City Council does declare that it intends to reserve an easement for public utility purposes, including, but not limited to, water lines, telephone poles and electric power line overhang, over, under, across and through portions of the hereinafter described 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 portion of Gum Road and easement for road purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Beginning at the Southeast corner of Lot 14 of Tract No. 1475, as shown on a Map recorded in Book 68, pages 30, 31 and 32 of Miscellaneous Maps, records of Orange County, California; thence Northerly along a portion of the Easterly line of said Tract No. 1475, a distance of 273.63 feet to the most Northerly cor- ner of Lot 15 of said Tract No. 1475; thence North- easterly along the Northeasterly prolongation of the Northwesterly line of said Lot 15 to the Southwest corner of Lot A of Tract No. 3216, as shown on a Map recorded in Book 97, pages 21 and 22 of Miscellaneous Maps, records of Orange County, California; thence Southerly along a portion of the Westerly line of said Tract No. 3216, to an intersection with the Easterly prolongation of the Southerly line of Lot 14 of the aforementioned Tract No. 1475; thence Westerly along the said prolongation to the Southeast corner of Lot 14 of said Tract No. 1475, said Southeast corner being the point of beginning of the land hereinabove described. EXCEPTING THEREFROM any portion thereof lying within Wakefield Avenue as shown on the Map of said Tract No. 1475. 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, including, but not limited to, water lines, telephone poles and electric power line overhang, over, under, across and through the northerly five feet, the easterly seven feet and the southerly fourteen feet of the prop- erty hereinabove described. BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the Office of the City Clerk for further par- ticulars as to the proposed vacation, abandonment and closing to public use of said portion of Gum Road and easement for road 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 7th day of January 1964 at 1:30 P.M. in the Council Chad e� r in the City Hall in the iC ty of Anaheim is hereby fixed 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 Gum Road and easement for road 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 road and easement and the use thereof for the purposes hereinabove mentioned should not be abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of said portion of Gum Road and easement and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of road and easement at least ten (10) days before the date set for said hear- ing. 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 Gum Road 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 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 prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and cir- culated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of December, 1963. APTEST: CI CLERK OF THE CITY OF ANAHEIM -2- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I DENE M. WILLIAMS, City of the City of Anaheim, do certify that the foregoing. Resolution No 63R -983 was introduced and 'adopted at a regular meeting provided by law, of the City Council of the City of Anaheim,'held on the 17th day of December,'1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, C.handler,,Schutte and Coons NOES: COUNCILMEN: None ASSENT: COUNCILMEN: Krein. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -983 on the 17th day of December, 1963. IN WITNESS *HEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 17th day of December., 1963. CITY CLERK OF THE CITY OF ANAHEIM