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59R-5672 RESOLUTION NO. 5672 A RE~OLUTlON Of THE CITY CDUNC1L OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN ALLEY AND AN EAS~jENT FOR ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCPIBED REJi.L PROPERTY. WHEREAS, the Ci ty Counc i 1 of the Ci ty of Anaheim, a municipal corporation of the State of California, did on the 3rd day of November, 19S9, pass its Resolution No. 5611, entitled IIA RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF ANAHEIfvl DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN ALLEY ft.ND AN I:.ASEJVlENT FOR ft.LLEY PURPOSES UPON, OVEH, ACROSS AND ALONG THE HERE- INAf'TEH DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AI"JD DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use a portion of an alley and an easement for alley 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 in said Resolution referred to a map on file in the Office of the City Clerk for further partin.:lars as to the proposed vacation, abandonment and closing to public use of said portion of alley and easement for alle;y purposes; and WHEREP"S, said City Council did by said Resolution fix the 24th day of November, 1959 at 7:00 o'clock P.M. in the Council Chambers in the City Hall of the City of Anaheim as the time and place for a public hearing on the matter of such vacation, abandonnent and closing to public use of said portion of alley and easement for alley purposes, for all persons in- terested in or objecting to such proposed vacation, abandorunent and closing to public use to appear and sho~ cause, if any they nad, why such portion of alley and easement for alley purposes should net be vacated, abandoned and closed to public use; and ~VHEHEJ\S, said Fesolution was published on the 12th day uf November, 1959 in the Anaheirr Gazette, a newspaper of general circulation, printed, published and circulated in the City of J-\naheirr, Orange County, California; and WHEHEAS, 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 alley and casement for alley purposes be posted conspicuously along the lines of said portion of alley, not TlJore than 300 feet apart, at lea~,t ten (10) days before said hearing, and not less than three (3) such notices should be posted; and ",..~- 'rJHEREP,S, \-dl] ian: K. Gates did on the 12U; day of November, 1959, post conspicuously six (6) such notices along the lines of said portion of alley, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- WHEREAS, said City Council did on the 24th day of November, 1959, at 7:00 o'clock P.JV1. in the Council Chambers in the City Hall of the City of Anaheim, conduct a public hear- ing on the matter of whether said portion of alley and easement for 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 of the evi- dence submitted that that portion of alley and easement for alley purposes described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospec- tive alley purposes, and that an order vacating such portion of alley and easement for alley purposes as described in the Resolution of Intention should be made by the City Council upon the conditions hereinafter set forth. NOV.!, THEREfORE, BE IT RESOLVED by the City Counc 11 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 the evidence submitted that said portion of alley and easement for alley purposes described in said Resolution are unnecessary for present or prospective publ ic purposes. 3. That an order shall be made for the abandonment of said portion of alley and easement for alley purposes when the following conditions have been complied with, to wit: (a) When the title to Lots 4, 5, 6, 7 and 8 of Block G, being a subdivision of Vineyard Lot D-5, in the City of Anaheim, County of Orange, State of California, as shown on a map filed in Book 17, Page 72 of Miscellaneous Records of Los Angeles County, California, has been acquired by the Pacific Telephone & Telegraph Company. (b) Upon the dedication to the City of Anaheim, by Pacific Telephone & Telegraph Company, of an alley thirty (30) feet in width upon, over and along the northerly thirty (30) feet of said Lot 4, extending from the present existing alley to Clemen tine Str8vt. (c) Upon the reconstruction or relocation of the existing sewer main and connections in said alley and connecting it with the sewer main in Lemon Street by Pacific Telephone & Telegraph Company. (d) Upon tte construction of a six (6) foot masonry wall, along the North boundary I ine of the alley proposed to be dedicated to the City of Anaheim, extending Westerly from the presently existing alley to Clementine Street. U. That the said portion of alley and easement for alley purposes to be ordered vacated, abandoned and closed to public use as herein provided, are those described in said Resolution No. 5611 and are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: -2- That portion of the alley, and easement for alley purposes upon, over, across and along a portion of land located in the City of Anaheim, County of Orange, State of California, being a portion of Block G of the new subdivision of Vineyard Lot D-5. as shown on a map filed in Book 17, Page 72 of Miscellaneous Records of Los Angeles County, Cal !fornia, described as follows: Beginning at the Southeast corner of Lot B of said Block G of the new subdivision of Vineyard Lot D-5; thence Northerly along the East line of Lots 8,7.6,5 and 4 to the South line of the Northerly 20.00 feet of Lot 4 of said Block G; thence Easterly 15.5 feet to a point in the West 1 ine of Lot 12 of 810c].( G, said point being 20. feet South of the North line of said Lot 12; thence Southerly along the West line of Lots 12, 13. 14, 15 and 16, inclusive, to the Southwest corner of Lot 16 of said Block G of Vineyard Lot D-5; thence Westerly to the point of beginning. 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, attested by her under the seal of the City of Anaheim, to be delivered to the Pacific Telephone & Telegraph Company. THE FOREGOING RESOLUTION is approved and signed by me tbis 8th day of December, 1959. ATTEST: ~ //~ ./.'..' ' , //1.. .. RK OF 'THE61~~~ -3- _&_. .~_.,.....,._..-- STATj:: OF CALIFORNIA ) . COUNTY OF. ORANGE ) 5S. CITY OF ANAHEIM ) I, DENE M. WILLIAMS., City Clerk of the City of Anaheim, do hereby certify that the.foregoing resolution was introduced and adopted at a regyla~ meeting provided by law of the. City Council of the City of Anaheim, held on the 8th d~y of December, 1959, by the following vote: AYES: COUNCILMEN: Fry, Pearson, Thompson and Schutte. NOES: . COUNCILMEN: None.' ABSENT: COUNCILMEN: Coons. AND. I FURtHER CERTIFY thpt the Mayot of the City of Anaheim approved and signed said resolution on the 8th day pfDecember, 1959. IN WITNESS WHEREOF, I. have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day or December, 1959. . L. ~~~~-', ...~ CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) ,,'. _~~~,__,-___._~ ."._. .0'_",- ...___",........",..,'"__..._"........_~.~..~_~_._..............,.,....""..,..'."'._..~=___.._~~_