59R-4977
-
RESOLUTION NO. 4977
,,"-'
A RESOLUTION OF TEE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR ROAD A1!lD PUBLIC
UTILITY PURPOSES UPON, ALONG, OVER, ACROSS
AND THROUGH THE HEREINAFTER DESCRIBED REAL
PROPER'fi.
WHEREAS, the City Council of the City of Anaheim, .
municipal corporation of the State of California, did, on the
23rd day ot December, 1958, pass its Ordinance No. 1312
entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE
INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON JJT
EASEMENT FOR ROAD A.ND PUBLIC UTILITY PURPOSES UPON, ALONG,
OVER, ACROSS AND THROUGH THE HEREINAFTER DESCRIBED REAL
PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON;
AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE
PUBLICATION OF THIS ORDINANCE," whereby it declared its
intention to vacate and abandon and close to public use an
easement for road and public utility purposes, upon, along,
over, across and through the hereinafter described property,
under the provisions of the Street Vacation Act of 1941; and
WHEREAS, the City Council in said Ordinance referred
to a map on file in the Office of the City Clerk tor fUrther
particulars as to the proposed vacation, abandonment and closing
to public use of said easement for road and public utility pur-
pose.; and
WHEREAS, said City Council did, by said Ordinance,
fix the 13th day of January, 1959 at 7:00 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, abandonment and closing to public use of said
easement for road and public utility purposes, for all persons
interested in or objecting to such proposed vacation, abandon-
ment and closing to publiC use to appear and show cause, if any
they had, why such easement for road and public utility pur-
poses should not be vacated, abandoned and closed to public use;
and
'WHEREAS, sai d
day of Januarv
a newspaper of general
circulated in the City
and
Ordinance was published on the 1st
, 19 ~9 , in the Anaheim Gazette,
circulation, printed, published and
of Anaheim, Orange County, California;
~'.
WHEREAS, by said Ordinance said City Council directed
that notices of the passage of said Ordinance and of the time
and place of the hearing on the matter of the vacation, abandon-
ment and closing to public use of said easement tor road and
public utility purposes be posted conspicuously along the line
of said easement proposed to be vacated, not more than 300 feet
apart, at least ten (10) days before said hearing, and not less
than three (3) such notices should be posted; and
WHEREAS, Robert J. Avilla did on the
2nd day of January , 19~, post
cODspic.ously Dot less than three (3) such notices along the
line of said easement 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 13th day of
January, 1959, at 7:00 o'clock ~. M., at said City Hall,
conduct a public hearing on the matter of whether said
easement 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 easement for road and public untility
purposes described in the Ordinance of Intention and hereinafter
described, 1s unnecessary for present or prospective road and
public utility purposes, and that an order vacating and abandon-
ing such easement for road and public utility 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 easement for road and public utility purposes described in
said Ordinance is unnecessary for present or prospective public
purposes;
3. That it does hereby order that said easement for
road and public utility purposes be, and it is hereby vacated,
abandoned and closed to public use;
4. That said easement for road and public utility
purposes herein ordered vacated, abandoned and closed to public
use is that described in said Ordinance No. 1312, is situated in
the City of Anaheim, County of Orange, State of California, and
is more particularly described as follows:
A strip of land 60 feet in width, located in the
City of Anaheim, County of Orange, State of
California, the center line of which is described
as follows:
-
Beginning at the point of intersection of Rhodes
Avenue with the East boundary of Tract 12201 as
shown on a map thereof recorded in Book 63, Pages
47 to 50 inclusiTe, of Miscellaneous Maps, Records
of Orange County; thence, South 570 13' 30. East
along the center line of Rhodes Avenue produce.
19.90 feet to the beginning of a tangent curv.
concave Southwesterly having a radius of 120.00
feet; thence, Southeasterly and Southerly along
said curve through a oentral angle of 43- 33' 55'
and a length of 91.24 feet to a point or reTerae_
curvature, a radial line through which bears
North 570 18' 44" West; thenee, along said rever..
curve concave Northeasterly and having a radius of
97.83 feet, Southerly, Southeaster11 and Easterly.
through a central angle of 760 58' 45. and a length
of 131.38 feet to a point of tangeIley.with a line
lying Northerly 270.00 feet distant as measured at
right angles, and parallel with the center line of
La Palma Avenue as shown on said map of Tract 12201.
EXCEPTING THEREFROM all land lying Southerly of a
-2-
--
-
line 300 feet as measured at right angles
Northerly of and parallel with said center line
of La Palma Avenue.
AlID 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 13th day of January , 1959.
KA~(F}'& c~
~
--k - . .
. LJIttl\. OF ~ ~IM
STATE OF CALIFORNIA
COUli'l'Y OF OltA.NGE
CITY OF ANAHEIM
)
) sa.
)
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was introduced and adopted at a - regular
meeting provided by law of the CIty Council of the City of
Anaheim, held on the 13th day of January , 1959,
by the following vote:
AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutt.e
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the MaYGr of the City
of Anaheim approved and signed said resolution on the 13th
day of January , 1959.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 13th
day of January , 1959.
L;;: ')cG< .
CITY C. OF T~mIM
.---
(SEAL)
-3-