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1968-446 RESOLUTION NO. 68R- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF WINSTON ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR SANITARY SEWER LINE AND MANHOLE 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. WHEREAS, a request has been made for the abandonment of a portion of Winston Road and an easement for road and public utility purposes upon, over, across, along and through the hereinafter described property; and WHEREAS, the City Council of the City of Anaheim does elect to proceed under the provisions of the Street Vacation Act of 1941, to abandon or vacate said portion of Winston Road and easement for road purposes and under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, to abandon said public utility easement; and WHEREAS, the City Council does declare that it intends to reserve an easement for sanitary sewer line and manhole pur- poses over, under and across a portion of said property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use that certain portion of Winston Road and easement for road and public utility purposes upon, over, across, along and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Winston Road and an easement for road and public utility purposes located in the City of Anaheim, County of Orange, State of California, being a portion of the Northwest quarter of Section 22, Township 4 South, Range 10 West, S.B.B. & M., described as follows: Commencing at the Southwest corner of the North half of the Northwest quarter of said Section 22; thence Easterly 336 feet, more or less, along the Southerly line of the North half of the Northwest quarter of said Section 22, to an intersection with a line parallel with and 336 feet East of the centerline of West Street; thence Northerly 40 feet, more or less, parallel with the centerline of said West Street, to an intersection with a line parallel with and 40 feet North of the South line of the North half of the Northwest quarter of said Section 22, said point of inter- section also being a point in the Northerly right of way line of Winston Road, and the true point of beginning; thence Easterly along the said Northerly line of Winston Road a distance of 324 feet to an intersection with a line parallel with and 660 feet Easterly of the centerline of the aforementioned West Street; thence Southerly along the -1- ~",__,,,,,,""'~_=,"_,'_~,,_'_'. ......~_"._<___,_.,_..~.___.~.....~.~~.___"~.._K..............._' last mentioned parallel line a distance of 8 feet to an intersection with a line parallel with and 32.00 feet Northerly of the South line of the North half of the North- west quarter of said Section 22, said point of intersection being at the beginning of a curve tangent to the last men- tioned parallel line, concave Westerly and having a radius of 21 feet; thence Easterly, Southeasterly, Southerly, Southwesterly and Westerly along said curve through a central angle of 1800 00' 00" an arc distance of 65.97 feet to an intersection with a line parallel with and 10 feet Southerly of the South line of the North half of the North- west quarter of said Section 22, said point of intersection also being the Southerly right of way line of said Winston Road; thence Westerly along the Southerly line of said Winston Road, a distance of 324 feet, more or less, to an intersection with a line parallel with and 336 feet Easterly of the centerline of the aforementioned West Street, said point of intersection being a point in a line tangent to the beginning of a curve concave Westerly and having a radius of 21 feet; thence Easterly, Northeasterly, Northerly, Northwesterly and Westerly along said curve through a cen- tral angle of 1800 00' 00" an arc distance of 65.97 feet to an intersection with a line parallel with and 336 feet Easterly of the centerline of said West Street; thence Northerly along said parallel line a distance of 8 feet to the true point of beginning. and that it does elect to proceed 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 BE IT FURTHER RESOLVED that the City Council does here- by further declare that it intends to reserve an easement for sanitary sewer line and manhole purposes over, under and across the southerly ten (10) feet of the westerly twenty-one (21) feet of the above described parcel of land. BE IT FURTHER RESOLVED that reference is hereby made 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 Winston Road and easement for road and public utility purposes, and said reservation of ease- ment for sanitary sewer line and manhole purposes. BE IT FURTHER RESOLVED that a time and place for hear- ing all persons interested 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 ~ day of A~gust , 1968, at 1:30 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 portion of Winston Road and easement for road and public utility 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 portion of road and ease- ment 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 portion of Winston Road and easement and the use thereof for the purposes herein mentioned -2- _."'_____.._......_.'.~_e..._..~_,,......_,""o.,""____...... shall be posted conspicuously along the line of said portion of road and easement 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. Such 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 portion of Winston Road and easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution 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 post- ing; and 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 said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of July, 1968. -! /' <:/:u.../ / ~//". / . .. ... ...... ~-,.<.c../. -/I Z/.-" MAYOR- of ~~~v'cfri ~>~fNA~fr ATTEST: ANAHEIM I, "L . V~I!LLlj\f"S, CiTY '-~~L~RI-\~ '...... F 1"';-1<:" ~i r-l' _Jr Pu'-i.....!-i::.1 ":, L " :C'3Y CERTifY THAT THE FOREG..JING 13 THE Ji"l1:311\1. FE~,CJLUT!ON NO. 68R-446 DULY PASSEl) A:\lD wUflLD BY THE ANAHE!M CITY COUNCIL ON7-23-68 ~L_~ fit 4/~ CITY Cl(::RK STATE OF CALIFORNIA) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby hertify that the foregoing Resolution No. 68R-446 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 July, 1968, by the following vote of the members thereof: AYES: OOUNCILMEN : Dutton, Schutte, Clark and Pebley N:>ES : OOUNCILM.St : None TEMPORARILY ABSENT: OOUNCIIJ4EN : Krein ABSENT: OOUNCI:t.MB : None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved said ResolUi,)n No. 68R-446 on the 23rd day of July, 1968. IN WITNESS WHEREOF, I h.ve hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of July, 1968. ~' - /_ A~~ . . ~ TIlE CITY OF AllAllEIII -3- (SEAL) ~ ........__.,~~,.~_.......".~'o,.__~.._,_._"--.....,.-""'..,,'~..-"......,