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1968-124RESOLUTION NO. 68R- 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN EASEMENT FOR HIGHWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RE- SERVING AN EASEMENT FOR PUBLIC UTILITY AND DRAINAGE PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 6th day of February, 1968, pass its Resolution No. 68R -84 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR- ING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN EASEMENT FOR HIGHWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY AND DRAINAGE PURPOSES OVER, UNDER AND ACROSS A PORTION 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," whereby it declared its intention to vacate and abandon and close to public use a portion of an easement for highway purposes upon, over, across and along the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council did further declare its in- tention to reserve an easement for public utility and drainage purposes over, under and across a portion of said property; 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 easement for highway purposes, and said reservation of said portion of easement for public utility and drainage purposes; and WHEREAS, said City Council did by said resolution fix the 27th day of February, 1968, at 1:30 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 portion of easement for 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 portion of easement for highway purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 15th day of February, 1968, in the Anaheim Bulletin, a newspaper of gener- al circulation, printed, published and circulated in the City of Anaheim, County of Orange, State of 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 portion of easement for highway purposes be posted conspicuously along the line of said portion of 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 along the line of said portion of easement; and WHEREAS, Donald R. O'Donnell did on the 15th day of February, 1968, post conspicuously not less than three (3) such notices along the line of said portion of easement, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 27th day of February, 1968, at 1:30 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of ease- ment for highway purposes, hereinafter described, should be va- cated, abandoned and closed to public use, and at said hearing did hear evidence thereon; and WHEREAS, the City Council finds from all evidence sub- mitted that said portion of easement for highway purposes describ- ed in the Resolution of Intention and hereinafter described is unnecessary for present or prospective highway purposes and that an order vacating and abandoning such portion of easement 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 evidence submitted that said portion of easement for highway purposes described in said resolution is unnecessary for present or prospec- tive public purposes; 3. That it does hereby order that said portion of easement for 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 that certain portion of easement for highway purposes described in said Resolution No. 68R -84, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of an existing easement for highway pur- poses located in the City of Anaheim, County of Orange, State of California, being that portion of Lot 4 of the South Placentia Tract No. 2, as shown on a Map recorded in Book 5, page 42 of Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the Southwest corner of said Lot 4, said corner having been construed by former deeds to be the intersection of the "West line of Section 1, Township 4 South, Range 10 West, S.B.M." as shown on said map with the Westerly prolongation of the Southerly line of Lot 2 of said Tract; thence Northerly along said West line a distance of 116.29 feet; thence North 89° 45' East 53.41 feet to an intersection with a line parallel with and 53 feet Easterly of said West line, said point of intersection being the true point of beginning; thence South 61 51' 10" East 20.37 feet to an intersection with a line parallel with and 50 feet Northwesterly of the center line of Placentia Avenue; thence North 56° 32' 30" East 152.79 feet; thence South 0° 15' East 5.98 feet to an intersection with a line parallel with and 45 feet Northwesterly of the center line of said Placentia Avenue; thence South 56° 32' 30" West 150.54 feet, more or less, to the beginning of a tangent curve concave Northeasterly and having a radius of 15.00 feet; thence Southwesterly, Northwesterly and Northerly along said curve through a central angle of 123° 14' 00" an arc distance of 32.76 feet to the true point of beginning. 5. That it finds that an easement for public utility and drainage purposes should be reserved over, under and across all that portion of the hereinbefore described property lying northeasterly of the arc of the curve above described, the northeasterly line of the curve above described having a bearing and distance North 61° 51' 10" West 20.37 feet; 6. That it does hereby order that an easement for public utility and drainage purposes be reserved over, under and across all that portion of the hereinbefore described property lying northeasterly of the arc of the curve above described, the northeasterly line of the curve above described having a bearing and distance North 61° 51' 10" West 20.37 feet. 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 27th day of February, 1968. ATTEST: CI CLERK 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 No. 68R -124 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of February, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Chandler and Pebley NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -124 on the 27th day of February, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of February, 1968. (SEAL) CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -124 duly passed and adopted by the Anaheim City Council on Feb- ruary 27, 1968.