1953-2234RESOLUTION NO. 2234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON
MENT OF A CERTAIN PORTION OF A PUBLIC ALLEY
AND A CERTAIN PORTION OF A PUBLIC STREET AND
THE EASEMENT UPON, OVER AND ACROSS THE SAME
ALONG THE HEREINAFTER DESC: iIBED P tOP. RTY.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporation of the State of California, did on the
llth day of August, 1953, pass its Ordinance N 855 entitled,
HAN ORDINANC.E DECLARING THE INTENTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM TO VACATE AND ABANDON A PORTION OF AN
ALLEY AND AN EASEMENT FOR ALLY PURPOSES, ALSO A PORTION OF
KEMP STREET AND EASEMENT FOR STREET PURPOSES UPON, OUR AND
ACROSS THE HEREINAFTER DESCRIBED PROPERTY, IN ACCORDANCE WITH
THE PROVISIONS OF STATUTES OF 1941, CHAPTER 250, BEING DIVISION
9, PART 3, CHAPTERS 1 AND 2 OF THE STREETS AND HIGHWAYS CODE,
AND 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 a portion of an alley and ease-
ment for alley purposes, also a portion of Kemp Street and ease-
ment for street purposes upon, over and along the hereinafter
described property; and
WHEREAS, said City Council did by said Ordinance fix
the 8th day of September, 1953, at 8:00 o'clock P.M. in the
City Hall of the City of Anaheim as the time and place of public
hearing on the matter of sucr vacation, abandonment and closing
to public use of said portion of alley and easement for alley
purposes and said portion of street and easement for street
purposes for all persons interested in or objecting to such
proposed vacation, abandonment and closing to public use to ap-
pear and show cause, if any they had, why such portion of alley
and easement for alley purposes and portion of street and ease-
ment for street purposes should not be vacated, abandoned and
closed to public use; and
WHEREAS, said Ordinance was published on the day
of August, 1953, 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 Ordinance said City Council directed
that notices of the passage of said Ordinance and of the time
and place of the hearing of the matter of the vacation, abandon-
ment and closing to public use of said portion of alley and
easement for alley purposes and said portion of street and ease-
ment for street purposes be posted conspicuously along the lines
of said alley and street not more than 300 feet apart, and not
less than three (3) such notices should be posted; and
WHEREAS, George E. Holyoke, City Engineer and Superin-
tendent of Streets, did on the 26th day of August, 1953, post
conspicuously three (3) such notices along the lines of said
alley and street, which notices were posted less than 300 feet
apart; and
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WHEREAS, said City Council did on September 8, 1953,
at 8:00 o'clock P.M. at said Oity Hall conduct a public hear-
ing on the matter of whether said portion of alley and ease-
ment for alley purposes and portion of street and easement for
street purposes should be vacated, abandoned and closed to
public use, and at said hearing did hear evidence thereon and
reports bearing upon the public use of said portion of alley
and street and the nature of the uses being made of surround-
ing property, and the probabilities of the future use of the
portion of said alley and the portion of said street proposed
to be abandoned; and
WHEREAS, the City Council finds from all the evidence
submitted that that portion of alley and that portion of Kemp
Street described in the Ordinance of Intention and hereinafter
described are unnecessary for present or prospective alley and
street purposes, and that an order vacating such portion of al-
ley and such portion of Kemp Street as described in the Ordi-
nance of Intention should be made by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim:
1. That it finds from all the evidence submitted that
said portion of alley and easement for alley purposes and por-
tion of street and easement for street purposes, described in
said Ordinance, are unnecessary for present or prospective
public purposes;
2. That it does hereby order that said portion of
alley and easement for alley purposes and said portion of street
and easement for street purposes be, and they are hereby,
vacated, abandoned and closed to public use;
3. That the said portion of alley and easement for
alley purposes and portion of street and easement for street
purposes herein ordered vacated, abandoned and closed to public
use, are those described in said Ordinance No. 855, are situated
in the City of Anaheim, County of Orange, State of California,
and are more particularly described as follows:
That portion of an alley, 15 feet wide by 50
feet in length, lying between Lots 23 and 24
of the Gresswell Subdivision as shown on a
map thereof recorded in Book 6, page 47, Miscel-
laneous Maps, Records of Orange County, Cali-
fornia;
Also that portion of Kemp Street 30 feet in
width by 50 feet in length adjacent to and
abutting Lot 23 of the Gresswell Subdivision
as shown on a map thereof recorded in Book
6, page 47, Miscellaneous Maps, Records of
Orange County, California.
AND BE IT FURTHER RESOLVED that the Oity Clerk be, and
he is hereby, authorized and directed to cause a certified copy
of this Resolution and Order, attested by him under the seal of
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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 8th day of September, 1953.
ATTEST:
M YO R OF THE CITY OF ANAHEIM.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, 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 of the City of Anaheim held on the 8th day of
September, 1953, by the following vote of the members there-
of:
AYES: COUNCILMEN Pearson, Wieser, Honey and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Heying.
AND I FURTHER CERTIFY that the Mayor of the City
of Anaheim signed and approved said Resolution on the 8th
day of September, 1953.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the seal of the City of Anaheim this 8th
day of September 1953.
City Clerk o y
f the City