Loading...
1962-1072RESOLUTION NO. 62R -1072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF A ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER DESCRIBED REAL PROPERTY. 1 R/W WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 27th day of November, 1962, pass its Resolution No. 62R -1025, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF A ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POST- ING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use a portion of a road and an easement for road and public utility purposes upon, over, across, along and through the hereinafter described property, under the provisions of the Street Vacation Act of 1941, and under the provisions of the Public Ser- vice Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; 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 a road and an easement for road and public utility purposes; and WHEREAS, said City Council did by said Resolution fix the 18th day of December, 1962, 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 vacation, abandon- ment and closing to public use of said portion of a road and an easement for road and public utility 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 a road and an easement for road and pub- lic utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said Resolution was published on the 6th day of December, 1962, 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, abandonment and closing to public use of said portion of a road and an easement for road and public utility purposes be posted conspicuously along the line of said portion of a road and an 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 6th day of December, 1962, post conspicuously not less than three (3) such notices along the line of said portion of a road and an 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 18th day of December, 1962, 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 portion of a road and an easement for road and public utility 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 of the evidence submitted that said portion of a road and an easement for road and public utility purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective road and public utility purposes, and that an order vacating and abandoning such portion of a road and an easement for road and public utility purposes as described in the Resolution of Intention should be made. 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 said portion of a road and an easement for road and public utility purposes described in said Resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of a road and an easement for road and public utility purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of a road and an easement herein ordered vacated, abandoned and closed to public use is that cer- tain portion of a road and an easement described in said Resolu- tion No. 62R -1025, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of a certain road and easement for road and public utility purposes located in the City of Anaheim, County of Orange, State of California, described as follows: The Southerly three (3) feet of the Northerly 53.00 feet (as measured at right angles) from the center line of Orangethorpe Avenue of the Easterly 481.33 feet of the Fractional Northwest quarter of Section 3, Township 4 South, Range 10 West, San Bernardino Base and Meridian. 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. 2 THE FOREGOING RESOLUTION is approved and signed by me this 18th day of December, 1962. ATTEST: C T LERK 0 T C T OF AHEIM 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 18th day of December, 1962, by the following vote of the members thereof. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 18th day of December, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of December, 1962. (SEAL) AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 3 OR OF THE CIT' OF ANAHEIM CLER OF THE CITY OF AN EIM