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64-013RESOLUTION NO. 64R- 13 -- Illl I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA~IM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF GUM ROAD AND AN EASEMENT FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EAS~T FOR PUBLIC UTILITY PUR- POSES OVER, UNDER, ACROSS AND THROUGH SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of Califo.rnia, did on the 24th day of December, 1963, pass its Resolutmon No. 63R-1040, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A POR- TION OF GUM ROAD AND AN EASEMENT FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RE- SERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER, ACROSS AND THROUGH SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLI~TION OF THIS RESOLUTION; AND RESCI~ING RESO- LUTION NO. 63R-983," whereby it declared its intenttont~ vacate and abandon and close to public use a portion o fGum Road and an easement for road 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 intention to reserve an easement for public utility purposes, including, but not limited to, water lines, telephone poles and electric power line and cross-am overhang, over, under, across and through the above-mentioned 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 clos- ing to public use of said portion of Gum Road ~and easement for road purposes, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 14th day of January, 1964, 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 vacation, abandonment and closing to public use of said portion of Gum Road and easement for road purposes, for all persons interested in or objecting to such proposed vacation, abandon- ment and closing to public use to appear and show cause, if any they had, why such portion of road and easement for road purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 2nd day of January, 1964, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, State of California; and -1- 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 =he vacation, aban- donment and closing to public use of said portion of road and easement for road purposes be posted conspicuously alOng the line of said portion of road and 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 3rd day_of January, 1964, post conspzcuously not less than three (3) such notices along the line of said portion of road and 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 14th day of January, 1964, at 1:30 o'clock P.M., at said City Hall,.conduc a public hearing on the nmtter of whether said portion of road and easement for road purposes, hereinafter described, should bo vacated, abandoned and closed to public use, and at said hearing did hear evidence thereon; and WHEREAS, the City Council finds from all evidence submitted that said portion of road and easement for road pur- poses described in the Resolution of Intention and' hereinafter described, are unnecessary for present or prospective road purposes and that an order vacating and abandoning such portion of road and 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 Gum Road and easement for road purposes described in said resolution are unnecessary for present or prospective. public purposes; 3. That it does hereby order that said portion of Gum Road and easement for road purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said portion of road and easement herein ordered vacated, abandoned and closed to public u~e are that certain portion of Gum Road and easement described in said Resolution No. 63R-1040, are situated in the City of Anaheim, County of Orange, State of California, and are more particu- larly described as follows: That portion of Gum Road and easement for road purposes upon, over, across and along the follow- ing described property: -2- Beginning at the Southeast corner of Lot 14 of Tract No. 1475, as shown on a Map recorded in Book. 68, pages 30, 31 and 32 of Mi.scellaneous Maps, records-of Orange County, California, thence Northerly along a portion of the Easterly line of said Tract No. 1475, a distance of 273.63 feet tO the most Northerly cor- ner of Lot ~15 of said Tract No. 1475; thence North, easterly along the Northeasterly prolongation of' the Northwesterly line of said Lot 15 to the Southwest corner of Lot A of Tract No. 3216, as shown on a Map recorded in Book 97, pages 21 and 22 of Miscellaneous Maps, records of Orange County, 'California; thence Southerly along a portion of the Westerly line of said Tract No. 3216, to an intersection with the Easterly prolongat%on of the Southerly line of Lot 14 of the aforementzoned Tract No. 1475; thence Westerly along the said prolongation to the Southeast corner of Lot 14 of said Tract No. 1475, said Southeast corner being the point of beginning of the land hereinabove described. EXCEPTING THEREFROM any portion thereof' lYing within Wakefield Avenue as shown on the Map of said Tract No. 1475. ~ 5. That it finds that an easement for public utility purposes, including, but not limited to, water lines, telephone poles and electric power line and cross-arm overhang, over, under, across and through the hereinbefore described property should be reserved. 6. That it does hereby order that an easement for public utility purposes, including, but not limited to, water lines, telephone poles and electric power line and cross-arm overhang, over, under, across and through the hereinbefore described property be reserved. AND BE IT FUROR 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 R~¢order of Orange County, California. THE FOREC4)ING RESOLUTION is approved and signed by me this 14th day of January, 1964. · - ....................... ,1, il , ~ ,,, ,, MAYOR -OF TME CITY OF ANAME~ ~ ATTEST: CITY CLERK OF THE CITY OF ANAHEIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ~) ss. C:TY OF ) I,D~NH M. WiLLIA~, City Cl'erk of the City Of Anaheim, do hereby certify' that the foreg. 0ing.Re$olution No. 64R-13 was introduced. an~d adopted at a reg~la'r meeting provided .by.law~ of %he ~it.y Council of %he C'ity of' Anaheim, held. on %he'.I4,th day of January~ 1964~ by %he following vote of %he members thereof: ~AY~$: COUNcIL~F_N: Outton, Chandler, Schutte, Krein and Coons NOES: couNCIL~: None . ABSHNT: COUNCI~N: None · '~A~ I FURTH~ CERTIFY that" the,May°r .of the City Anaheim ..approved.~.and~ Signed Said Resrl!ution .No. 64R-t3 on. th~' I4th da',/ of Januar¥~ 1964 IN WITNESS WHEREOF,. I hav. e .hereunto set my hand and affixed~ the._~official seal of~ the City of..~Anaheim~ this .l'4thlday of January, 1964.