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70R-177 RESOLUTION NO. 70 R- 177 '~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANJI)ONPORTIONS OF EXISTING ROADWAYS AND ALLEYS AJfD EASEMENTS FOR ROADWAY AND ALLEY PURPOSES, UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING EASEMENTS FOR PUBLIC UTILITY PURPOSES; FIXING A TIME AltD PLACE FOR A HEARING THEREON; DIRECT- TING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of portions of existing roadways and alleys and easements for roadway and alley purposes upon, over, across and along the hereinafter described property; and WHEREAS, the City Council of the City of Anaheim does elect to proceed UJlder the provisions of the Street Vacation Act of 1941 to abandon and vacate said portions of existing roadways and alleys and easements for roadway and alley purposes; and WHEREAS, the City Council does declare that it intends to reserve easements 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-footaccessways, over, under, across, along and through the hereinafter described property. . NOW, THEREFORE, BE IT RESOLVED by the Ci tyCouncil of the City of AnaheiJn that it does hereby declare that it intends to vacate, abandon and close to public use portions of existing roadways and alleys and easements for roadway and alley purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: 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 20f Miscellaneous Maps, records of Orange County, California, to be abandoned, described as follows: Parcel. one: Dickel. Street (53 feet wide), l.ying 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. 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. -1- 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 Five: That certain alley lying within Block 2 of said Tract No. 419, bounded on the north by th.e wes terly prolanga tion 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. 419. and that it does elect to proceed under the provis ions of the Street Vacation Act of 1941; and BE IT FURTHER RESOLVED that the City Council does hereby further declare that it intends to reserve easements 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-footaccessways, over, under, across, along and through the hereinbefore described property; and BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the Office of the City Clerk for further particu- lars 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 rights and easercients; and BE IT FURl'HER RESOLVED that a time and place for hearing all persons interes.ted in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 28th day of April , 1970, at 1:30 o'clock P.M. in the Council Chamber in the City Hall in the City of Anaheim is hereby fixed as the time and place for a public hearing on the matter of such vacation, abandonment 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 vacation, abandonment and closing to public use to appear and show cause, if any they have, why such portions of existing roadways and alleys and easements and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of said portions of existing roadways and al.1.eys and easements and the use thereof for the purposes herein mentioned shall be posted conspicuously along the lines of said portions of roadways and alleys and easements at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted along the lines of said portions of roadways and alleys and easements. Suc notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said existing portions of roadways and alleys and easements; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resoltuion shall be made by affidavit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such posting; and -2- ~--""""-'- _.~--=- BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of this resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published, and circulated in sa.id City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 7th day of April, 1970. ATTEST: ~)r?L . . CI CLERK OF T~ ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certixy that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 7th day of April, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7th day of April, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of April, 1970 . J2.. )x. AJ;-~ CIT~RK 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-177 duly passed and adopted by the Anaheim City Council on April 7, 1970. JL- )( ~ City Clerk -3-