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63-0352RESOLUTION NO. 63R- 352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 2nd day of April, 1963, pass its Resolution No. 63R -252 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR- ING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR STREET AND HIGHWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLI- CATION OF THIS RESOLUTION," whereby it declared its intention to vacate, abandon, and close to public use an easement for street and highway purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That certain easement for street and highway purposes granted to the County of Orange, State of California, by deed recorded March 6, 1956 in Book 3428, pages 315, 316 and 317 of Official Records of Orange County, California, now located in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: A strip of land sixty (60) feet in width, lying South- easterly of and adjacent to the following described line: Beginning at the most Northerly corner of Lot 30, Anaheim Extension, as surveyed by William Hamel in December 1868, and filed in Los Angeles County, Califor- nia, said corner being in the center line of West Street; thence Southwesterly, along the Northerly line of said Lot 30, to the East line of Tract No. 1620, as shown on a Map thereof recorded in Book 58, pages 29, 30 and 31 of Miscellaneous Maps, records of Orange County, California. The South line of the above described parcel is to be prolonged to meet the East line of said Tract No. 1620. PARCEL B: Beginning at the intersection of a line parallel with and sixty (60) feet Southeasterly, measured at right angles, from the North line of Lot 30, Anaheim Extension, as surveyed by William Hamel in December, 1868, and filed in Los Angeles County, California, with a line parallel with and thirty -three (33) feet Southwesterly, measured at right angles, from the East line of said Lot 30; thence Southerly along said last mentioned parallel line, a distance of fifteen (15) feet; thence Northwesterly in a direct line, to a point on a line parallel with and sixty (60) feet Southeasterly measured at right angles, from the North line of said Lot 30, said point being fifteen (15) feet Southwesterly from 1 the point of beginning; thence Northeasterly along said last mentioned parallel line a distance of fifteen (15) feet, to the point of beginning; under the provisions of the Street Vacation Act of 1941; 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 easement; and WHEREAS, said City Council did, by said resolution, fix the 23rd day of April, 1963, at 3:00 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 vaca- tion, abandonment, and closing to public use of said easement for street and highway 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 easement for street and highway purposes should not be vaca- ted, abandoned, and closed to public use; and WHEREAS, said resolution was published on the llth day of April, 1963, in the Anaheim Bulletin, a newspaper of general circulation, printed, published, and circulated in the City of Anaheim, Orange County, 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, abandon- ment and closing to public use of said easement for street and highway purposes be posted conspicuously along the line of said easement, 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 llth day of April, 1963, post conspicuously not less than three (3) such notices along the line of said easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did, on the 23rd day of April, 1963, at 3:00 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hearing on the matter of whether said easement for street and highway pur- poses, hereinbefore 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 of the evi- dence submitted, and upon further investigation and consideration of the matter, that it would be to the advantage and in the best interest of the City of Anaheim to reserve an easement for water line purposes upon, along, over, and through that portion of said property described as follows: The Northerly 10.00 feet of the Southerly 40.00 feet of Parcel A hereinbefore described; and that only the following portion of said easement for street and highway purposes described in the Resolution of Intention is unnecessary for present or prospective public purposes and should be abandoned: That certain easement for street and highway purposes granted to the County of Orange, State of California, by deed recorded March 6, 1956 in Book 3428, pages 315, 316 and 317 of Official Records of Orange County, California, now located in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: A strip of land sixty (60) feet in width, lying South- easterly of and adjacent to the following described line: Beginning at the most Northerly corner of Lot 30, Anaheim Extension, as surveyed by William Hamel in December 1868, and filed in Los Angeles County, Califor- nia, said corner being in the center line of West Street; thence Southwesterly, along the Northerly line of said Lot 30, to the East line of Tract No. 1620, as shown on a Map thereof recorded in Book 58, pages 29, 30 and 31 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the Northerly 10.00 feet of the South- erly 40.00 feet. The South line of the above described parcel is to be prolonged to meet the East line of said Tract No. 1620. PARCEL B: Beginning at the intersection of a line parallel with and sixty (60) feet Southeasterly, measured at right angles, from the North line of Lot 30, Anaheim Extension, as surveyed by William Hamel in December, 1868, and filed in Los Angeles County, California, with a line parallel with and thirty -three (33) feet Southwesterly, measured at right angles, from the East line of said Lot 30; thence Southerly along said last mentioned paral- lel line, a distance of fifteen (15) feet; thence North- westerly in a direct line, to a point on a line parallel with and sixty (60) feet Southeasterly, measured at right angles, from the North line of said Lot 30, said point being fifteen (15) feet Southwesterly from the point of beginning; thence North easterly along said last mentioned parallel line a distance of fifteen (15) feet, to the point of beginning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That it finds the recitals hereinabove set forth in this resolution to be true; 2. That it finds, from all the evidence submitted, that a portion of said easement for street and highway purposes described in said Resolution No. 63R -252 is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of said easement for street and highway purposes be, and it is hereby, vacated, abandoned, and closed to public use. 4. That said portion of easement herein ordered vacated, abandoned, and closed to public use is a portion of that certain easement described in said Resolution No. 63R -252, 3 is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain easement for street and highway purposes granted to the County of Orange, State of California, by deed recorded March 6, 1956 in Book 3428, pages 315, 316 and 317 of Official Records of Orange County, California, now located in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: A strip of land sixty (60) feet in width, lying South- easterly of and adjacent to the following described line: Beginning at the most Northerly corner of Lot 30, Anaheim Extension, as surveyed by William Hamel in December 1868, and filed in Los Angeles County, Califor- nia, said corner being in the center line of West Street; thence Southwesterly, along the Northerly line of said Lot 30, to the East line of Tract No. 1620, as shown on a Map thereof recorded in Book 58, pages 29, 30 and 31 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the Northerly 10.00 feet of the South- erly 40.00 feet. The South line of the above described parcel is to be pro- longed to meet the East line of said Tract No. 1620. PARCEL B: Beginning at the intersection of a line parallel with and sixty (60) feet Southeasterly, measured at right angles, from the North line of Lot 30, Anaheim Extension, as sur- veyed by William Hamel in December, 1868, and filed in Los Angeles County, California, with a line parallel with and thirty -three (33) feet Southwesterly, measured at right angles, from the East line of said Lot 30; thence Southerly along said last mentioned parallel line, a dis- tance of fifteen (15) feet; thence Northwesterly in a direct line, to a point on a line parallel with and sixty (60) feet Southeasterly, measured at right angles, from the North line of said Lot 30, said point being fifteen (15) feet Southwesterly from the point of beginning; thence Northeasterly along said last mentioned parallel line a distance of fifteen (15) feet, to the point of beginning; 5. That it finds that an easement for water line pur- poses should be reserved upon, along, over and through the follow- ing described property situated in the City of Anaheim, County of Orange, State of California, to wit: The Northerly 10.00 feet of the Southerly 40.00 feet of the following described land: A strip of land sixty (60) feet in width, lying Southeasterly of and adjacent to the following des- cribed line: Beginning at the most Northerly corner of Lot 30, Anaheim Extension, as surveyed by William Hamel in The South line of the above described parcel is to be prolonged to meet the East line of said Tract No. 1620. 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 7th day of May, 1963. December 1868, and filed in Los Angeles County, Califor- nia,said corner being in the center line of West Street; thence Southwesterly, along the Northerly line of said Lot 30, to the East line of Tract No. 1620, as shown on a Map thereof recorded in Book 58, pages 29, 30 and 31 of Miscellaneous Maps, records of Orange County, California. OF THE CITY OF ANAHEIM 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 was passed and adopted at a regular meeting of the City Council held on the 7th day of may'', 1963, by the following vote of the membersthereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7th day of May 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of May 1963. CIT CLERK OF THE CITY OF ANAHEIM 5 0 OF TH CI OF ANAHEIM