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70R-213 - RESOLUTION NO. 70R- 213 A RESOLutION OF THE CITY COUNCIL OF THE CITY OF ANAHEXM ORDERING THE VACATION AND ABANDON"': MENT OF tORTIONS OF EXISTING ROADWAYS AND ALLEYS AND EASE!JENTS FOR ROADWAY AND ALLEY PURPOSES UPON, O~R, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY RESERVING THEREFROM EASEMENTS FOR PUBLIC UTILITY PURPOSES OVER, UNDER, ACROSS ,ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a municipal corporat~on of the State of California, did on the 7th day of April, 1970" pass its Resolution No. 70R-177, whereby it declared its intention to vacate and abandon to public use por- tions of existing roadways and alleys and easements for roadway and alley purposes upon, over, across and along the hereinafter described real property, under the provisions of the Street Vaca- tion Act of 1941; and WHEREAS, the City Council did further declare its inten- tion to reserve easiements for public utility purposes, inCluding, but not limited to, sanitary sewers and storm drains, together with the right of ingress and egress, and retaining thereto mini- mum 25-foot accessways, over, Under, across, along and through 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 par- ti.culars as to the proposed vacation, abandonment and closing to public use of said portions of existing roadways and alleys and easements for roadway and alley purposes and said reservation of easements for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 28th day of April, 1970, 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 bearing on the matter of such vacation, aban- donment and closing to public use of said portions of existing roadways and alleys and easements for roadway and alley purposes, for all persons interested in or objecting to such proposed vaca- tion, abandonment and closing to public use to appear and show cause, if any they had, why such portions of existing roadways and alleys and easements for roadway and alley purposes should not be vacated, abandoned and closed to pub1ic use; and WHEREAS, said resolution was published on the 16th day of April, 1970, in the Anaheim Bulle~in, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, Coun~y 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, abandonment and closing to public use of said portions of existing roadways and alleys and easements for roadway and alley purposes be posted conspicuously along the lines of said portions of roadways and alleys and 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 lines of said portions of roadways and alleys and easements; and -1- "- ~ WHEREAS. Donald R. O'Donnell did on the 16th day of April, 1970, post conspic~ously not less than three (3) such notices along the lines of said portions of roadways and alleys and ease- ments, which notiC$s 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 28th day of April, 1970, at 1:30 o'clC)ck P.M. at said City Hall, conduct a public hearing on the matter of whether said portions of existing road- ways and alleys and easements for roadway and alley 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 evidence sub- mitted that said portions of existing roadways and alleys and ease- ments for roadway and alley purposes described in the Resolution of Intention and hereinafter described are unnecessary for present or prospective roadway and alley purposes and that an order vacating and abandoning such portions of roadways and alleys and easements for roadway and alley purposes 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 portions Of existing roadways and alleys and ease- ments for roadway and alley purposes described in said resolution are unnecessary for present or prospective purposes; 3. That it does hereby order that said portions of existing roadways and alleys and easements for roadway and alley pUrposes be and they are hereby vacated, abandoned and closed to public use; 4. That said portions of existing roadways and alleys and easements for roadway and alley purposes herein ordered vacated, abandoned and closed to public use are those certain portions of existing roadways and alleys and easements for roadway and alley purposes clescribed in said Resolution No. 70R-177, are situated in the City of Anaheim, County of Orange, State of California, and are more particu- larly described as follows: Those portions of existing roadway and alleys located in the City of Anaheim, County of Orange, State of California lying within Tract No. 419, as shown on a map recorded in Book 16, page 2 of MiscellanousMaps, records of Orange County , California, to be abandoned described as follows: Parcel One: Dickel Street (53 feet wide), lying between Block 4 and Block 5 of said Tract No. 419 bounded on the north by a line parallel with and 28 feet southerly of the centerline of Midway Drive and bounded on the south by the south line of said Tract No. 419. -2..., Parcel TWo: Clementine Street (53 feet wide), lying between Block 3 and Block 4 of said Tract No. 419 bounded on the north by the westerly prolongation of the North line of Lot 23 of Block 3 of said Tract No. 419 and bounded on the south by the south line of said Tract No. 419. Parcel Three: Lemon Street (53 feet wide) lying between Block 2 and Block 3 in said Tract No. 419 bounded on the north by' the westerly prolongation of the north line of Lot 22 of said Block 2 of said Tract No. 419 and bounded on the south by the south line of said Tract No. 419. Parcel Four: That certain alley lying within Block 3 of said Tract No. 419, bounded on the north by the westerly prolongation of the north line of Lot 4 in Block 3 of said Tract No. 419 and bounded on the south by the south line of said Tract No. 419. Parcel F,j.ve: That certain alley lying within Block 2 of said Tract No. 419, bounded on the north by the westerly prolongation of the north line of Lot 5 in Block 2 of said Tract No. 419 and bounded on the south by the south line of said Tract No. 4l9. 5. That it finds that easements should be reserved for public utility purposes, including, but not limited to, sanitary sewers and storm drains, together with the right of ingress and egress, and retaining thereto minimum 25~foot accessways, over, under, across, along and through all of the above-described parcels of land. 6. That it does hereby order that easements for public utility 9urposes, inClUding, but not limited to, sani- tary sewers and storm drains, together with the right of ingress and egress, and retaining thereto minimum 25-foot accessways be reserved over, under, across, along and through all of the above-described parcels of land. 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 Re- corder of Orange County, California. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of April, 1970. MAY~~~('~HE CIf-OF ~ill~ ,-. - :[T: '$ (' C~RK .~~ ANAHEIM -3- - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) - I, DENE M. WI~LlAMS, City Clerk of the City of Anaheim, do hereby certify that the iforegoing Resolution No. 70t:!'<213 was intro- duced and adopted at a ~egular meeting provided by law, of the City Council of the City of ~naheim, held on the 28th day of April, 1970, b~the, fo110wing vote ofi the members thereof: AYES: COUNCI~: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCIIjMEN: None ABSENT : COUNCI~: None AND I FURTHERjCERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-213 on the 28th day of April, 1970. IN WITNESS WH~EOF, I have hereunto set my hand and affixed the official seal of th~ City of Anaheim this 28th day of April, 1970. ~:;y ~, .:..-/ C TY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-213 duly passed and adopted by the Anaheim City Council on April 28, 1970. gJ )t. )J;;~,.'~~ City Clerk