Loading...
1968-744RESOLUTION NO. 68R- 744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EXISTING ROADWAY AND EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER UNDER AND ACROSS A PORTION. OF SAID PROPERTY (ABANDONMENT NO. 68 -4A). WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 12th day of November, 1968, pass its Resolution No. 68R -708 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR- ING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EXISTING ROADWAY AND EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERV- ING AN EASEMENT FOR PUBLIC UTILITY 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 (ABANDONMENT NO. 68 -4A)," whereby it declared its intention to vacate and abandon and close to public use that portion of an existing roadway and easement for roadway 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 in- tention to reserve an easement for public utility purposes over, under and across a portion of 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 particulars as to the proposed vacation, abandonment and closing to public use of said portion of roadway and easement for roadway purposes, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 3rd day of December, 1968, 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 vaca- tion, abandonment and closing to public use of said portion of roadway and easement for roadway 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 had, why such portion of roadway and easement for roadway purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 21st day of November, 1968, 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 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, abandon- ment and closing to public use of said portion of roadway and easement for roadway purposes be posted conspicuously along the line of said portion of roadway 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 along the line of said portion of easement; and WHEREAS, Donald R. O'Donnell did on the 21st day of November, 1968, post conspicuously not less than three (3) such notices along the line of said portion of roadway 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 3rd day of December, 1968, at 1:30 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of roadway and easement for roadway 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 portion of roadway and easement for roadway purposes described in the Resolution of Intention and hereinafter described is unnecessary for present or prospective roadway purposes and that an order vacating and abandoning such portion of roadway 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 roadway and easement for roadway purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of roadway and easement for roadway purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of roadway and easement herein ordered vacated, abandoned and closed to public use is that certain portion of roadway and easement for roadway pur- poses described in said Resolution No. 68R -708, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of an existing roadway and easement for roadway purposes located in the City of Anaheim, County of Orange, State of California, described as follows: Commencing at the Northwest corner of Lot 13 in Tract No. 3258, as shown on a Map recorded in Book 99, pages 19 and 20 of Miscellaneous Maps, records of Orange County, California; thence Easterly along a portion of the North line of said Lot 13 a distance of 10 feet to the beginning of a curve concave Northerly and having a radius of 50 feet, said point of beginning of said curve being the true point of beginning, a radial line bearing South 54 02' 49" West passes through said point; thence Southeasterly, Easterly and Northeasterly along said curve through a central angle of 90 an arc distance of 78.54 feet to the beginning of a reverse curve concave Southeasterly and having a`radius of 50 feet, a radial line bearing North 35 11" West passes through said point of beginning of curve; thence Northeasterly and Easterly along said curve through a central angle of 36 52' 11 an arc distance of 32.17 feet to an intersection with`a line parallel with and'3O feet Southerly of the centerline of Sumac thence Westerly along Said parallel line a distance of 90 feet, more or less, to the true point of beginning. 5. That it finds that an easement for public utility pur- poses should be reserved over, under and across the southerly 10 feet and the westerly 5 feet of the hereinbefore described parcel of land, the northerly line of said southerly 10 feet being parallel with and concentric with the southerly line of said parcel of land; 6. That it does hereby order that an easement for public utility purposes be reserved over, under and across the southerly 10 feet and the westerly 5 feet of the hereinbefore described parcel of land, the northerly line of said southerly 10 feet being parallel with and concentric with the southerly line of said parcel of land. 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 3rd day of December, 1968. ATTEST: MAYOR OF THE CITY OF STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF ANAHEIM I, DIME M. WILLIAMS; City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 68R -744 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 3rd day of December, 1968, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim apprvoed and signed said Resolution No. 68R -744 on the 3rd day of December, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim. (s L) AYES: COUNCILMEN: Dutton, Krein, Schutte, Clank and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Clerk CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -744 duly passed and adopted by the Anaheim City Council on December 3, .1968.