64-449RESOLUTION NO. 64R-449
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING THE VACATION
AND ABANDONMENT OF PORTIONS OF EASE-
MENTS FOR ROAD AND PUBLIC UTILITY
PURPOSES, UPON, OVER, ACROSS, ALONG
AND THROUGH 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
5th day of May, 1964, pass its Resolution No. 64R-317 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON PORTIONS OF
EASEMENTS 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 POSTING OF NOTICES THEREOF AND THE PUBLICATION
OF THIS RESOLUTION," whereby it declared its intention to
vacate and abandon and close to public use portions of ease-
ments 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 Service 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 clos-
ing to public use of said portions of easements for road and
public utility purposes; and
WHEREAS, said resolution was published on the 21st
day of May, 1964, 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 di-
rected that notices of the passage of said resolution and of
the time and place of the hearing on the matter of the vaca-
tion, abandonment and closing to public use of said portions
of easements for road and public utility purposes be posted
conspicuously along the lines of said portions of easements,
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 each of said portions of
easements; and
WHEREAS, Donald R. O'Donnell did on the 25th day
of May, 1964, post conspicuously not less than three (3)
such notices along the line of each of said portions of
easements, which notices were posted not more than 300 feet
apart; and
WHEREAS, said City Council did on the 3rd day of
June, 1964, at 1:30 o'clock P.M. in the Council Chamber in
the City Hall of the City of ~naheim, hold a public hearing
on the matter of whether said portions of easements for road
and. public utility purposes, hereinafter described, should
be vacated, abandoned and closed to public use and did con-
tinue said hearing 'to June 16, 1964 at 1:30 P.M., inasmuch
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,y
as it was determined that the notices of the hearing on said
proposed vacation and abandonment of said portions of ease-
ments were not posted ten days before said hearing; and
WHEREAS, Donald R. O'Donnell did on the 4th day of
June, 1964, again post conspicuously not less than three such
notices of the time and place of said continued hearing on
the matter of said vacation and abandonment along the line of
each of said portions of easements, which notices were posted
not more than 300 feet apart and were posted at least ten days
before the date of said continued public hearing; and
WHEREAS, the City Council did on June 16, 1964, at
1:30 P.M., conduct such continued public hearing on the matter
of whether said portions of easements for road and public util-
ity purposes hereinafter described should be vacated, abandoned
and closed to public use, and at said continued hearing did
hear evidence thereon; and
WHEREAS, the City Council finds from all of the evi-
dence submitted that certain portions of said easements for
road and public utility purposes, described in the Resolution
of Intention and hereinafter described, are unnecessary for
present or prospective road and public utility purposes, and
that an order vacating and abandoning certain portions of
said easements for road and public utility purposes as de-
scribed in said Resolution of Intention should be made, upon
the fulfillment of the conditions in this Resolution set
forth.
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 certain portions of said easements for road and public
utility purposes described in said resolution are unnecessary
for present or prospective public purposes;
3. That it does hereby order that certain portions
of said easements for road and public utility purposes as
hereinafter described be, and they are hereby, vacated, aban-
doned and closed to public use upon compliance with the
conditions hereinafter set forth;
4. That said portions of easements herein ordered
vacated, abandoned and closed to public use are portions of
those certain easements described in said Resolution No. 64R-
317, are situated in the City of Anaheim, County of Orange,
State of California, and are more particularly described as
follows:
Those portions of easements for road and public
utility purposes upon, over, across, along and
through the following described property:
PARCEL ONE:
The West 980 feet of the Northerly 60 feet of
Lot 20 in Tract 190, as shown on a Map recorded
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in Book 2.3, Page 50 of Miscellaneous Maps,
records o~f Orange County, California;
EXCEPTING therefrom the Easterly 40 feet
thereof.
PARCEL TWO:
The Westerly 20 feet of the Easterly 60 feet
of that portion of said Lot 20 lying West of
a line parallel with the East line of Section
22, Township 4 South, Range 10 West, $.B.B. &
M., and distant Westerly 1008.00 feet therefrom
measured at right angles; excepting therefrom
the Southerly 175 feet.
BE IT FURTHER RESOLVED that the foregoing abandon-
ment shall become effective when there has been filed for
record a Resolution indicating that all of the following
conditions have been complied with:
1. Dedication of Freedman Way from Harbor Boule-
vard through to Manchester Avenue with a 60-foot right-of-
way; and improvement of Freedman Way in accordance with
standard plans of the City of Anaheim, including curbs and
gutters, with a temporary waiver of sidewalks until required
bY the City Engineer, for a 48-foot roadway, except for two
12-foot lanes which shall be installed at the cost of the
City.
2. Improvement of a 34-foot travelway on the north-
south street (Clementine Street extension), including curbs
and gutters, and including the realignment of the travelway
across the Edison Company easement for street purposes to
connect with Clementine Street extension, if necessary.
3. An agreement to accept surface waters from the
end of Alto Avenue on the Freedman property, which abuts to
the west of the te~inus of that portion of Alto Avenue, not
abandoned.
4. An agreement to grant easements for storm drains
to be installed under, over and across property of Freedman
to connect from the end of Alro Avenue to Freedman Way.
5. Dedication of easements for public utility pur-
poses where required by the Public Utilities Department for
necessary public utility purposes.
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 23rd day olf June, 1964. ~
MAYOR/O~F 'THE CITy~ OF ANAHErM~ -
AT~EST: PRo
CITY CLERK OF THE CITY OF ANAHEI~
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, D£N£ M. WILLIAm/S, City Clerk of the City of Anaheim,
do hereby certify that the foregoin9 Resolution No. 64R-449 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on, the 23rd day of
June, 1964~ by the followin9 vote of the members thereof:
AY£S~ COUNCILMEN: Pebley, $chutte~ Krein and Dutton
NOES~ COUNCILMEN~ None
-AB$EN%~ COUNCIL~EN~ None
TEMPORARILY ABSENT; COUNCILMENz Chandler
Pro Tem
AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim
approved and signed said Resolution No. 64R-449 on the 23rd day of
June, 1964.
IN WIYNESS ~-IEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 23rd day of June, 1964.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM