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59R-4977 - RESOLUTION NO. 4977 ,,"-' A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF AN EASEMENT FOR ROAD A1!lD PUBLIC UTILITY PURPOSES UPON, ALONG, OVER, ACROSS AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPER'fi. WHEREAS, the City Council of the City of Anaheim, . municipal corporation of the State of California, did, on the 23rd day ot December, 1958, pass its Ordinance No. 1312 entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON JJT EASEMENT FOR ROAD A.ND PUBLIC UTILITY PURPOSES UPON, ALONG, OVER, ACROSS AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS ORDINANCE," whereby it declared its intention to vacate and abandon and close to public use an easement for road and public utility purposes, upon, along, over, across and through the hereinafter described property, under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council in said Ordinance referred to a map on file in the Office of the City Clerk tor fUrther particulars as to the proposed vacation, abandonment and closing to public use of said easement for road and public utility pur- pose.; and WHEREAS, said City Council did, by said Ordinance, fix the 13th day of January, 1959 at 7:00 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 vacation, abandonment and closing to public use of said easement for road and public utility purposes, for all persons interested in or objecting to such proposed vacation, abandon- ment and closing to publiC use to appear and show cause, if any they had, why such easement for road and public utility pur- poses should not be vacated, abandoned and closed to public use; and 'WHEREAS, sai d day of Januarv a newspaper of general circulated in the City and Ordinance was published on the 1st , 19 ~9 , in the Anaheim Gazette, circulation, printed, published and of Anaheim, Orange County, California; ~'. WHEREAS, by said Ordinance said City Council directed that notices of the passage of said Ordinance and of the time and place of the hearing on the matter of the vacation, abandon- ment and closing to public use of said easement tor road and public utility purposes be posted conspicuously along the line of said easement proposed to be vacated, not more than 300 feet apart, at least ten (10) days before said hearing, and not less than three (3) such notices should be posted; and WHEREAS, Robert J. Avilla did on the 2nd day of January , 19~, post cODspic.ously Dot less than three (3) such notices along the line of said easement which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- - -- WHEREAS, said City Council did on the 13th day of January, 1959, at 7:00 o'clock ~. M., at said City Hall, conduct a public hearing on the matter of whether said easement 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 the evidence submitted that said easement for road and public untility purposes described in the Ordinance of Intention and hereinafter described, 1s unnecessary for present or prospective road and public utility purposes, and that an order vacating and abandon- ing such easement for road and public utility purposes should be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That it finds the recitals hereinbefore set forth in this Resolution to be true; 2. That it finds from all the evidence submitted that said easement for road and public utility purposes described in said Ordinance is unnecessary for present or prospective public purposes; 3. That it does hereby order that said easement for road and public utility purposes be, and it is hereby vacated, abandoned and closed to public use; 4. That said easement for road and public utility purposes herein ordered vacated, abandoned and closed to public use is that described in said Ordinance No. 1312, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: A strip of land 60 feet in width, located in the City of Anaheim, County of Orange, State of California, the center line of which is described as follows: - Beginning at the point of intersection of Rhodes Avenue with the East boundary of Tract 12201 as shown on a map thereof recorded in Book 63, Pages 47 to 50 inclusiTe, of Miscellaneous Maps, Records of Orange County; thence, South 570 13' 30. East along the center line of Rhodes Avenue produce. 19.90 feet to the beginning of a tangent curv. concave Southwesterly having a radius of 120.00 feet; thence, Southeasterly and Southerly along said curve through a oentral angle of 43- 33' 55' and a length of 91.24 feet to a point or reTerae_ curvature, a radial line through which bears North 570 18' 44" West; thenee, along said rever.. curve concave Northeasterly and having a radius of 97.83 feet, Southerly, Southeaster11 and Easterly. through a central angle of 760 58' 45. and a length of 131.38 feet to a point of tangeIley.with a line lying Northerly 270.00 feet distant as measured at right angles, and parallel with the center line of La Palma Avenue as shown on said map of Tract 12201. EXCEPTING THEREFROM all land lying Southerly of a -2- -- - line 300 feet as measured at right angles Northerly of and parallel with said center line of La Palma Avenue. AlID 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 13th day of January , 1959. KA~(F}'& c~ ~ --k - . . . LJIttl\. OF ~ ~IM STATE OF CALIFORNIA COUli'l'Y OF OltA.NGE CITY OF ANAHEIM ) ) sa. ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a - regular meeting provided by law of the CIty Council of the City of Anaheim, held on the 13th day of January , 1959, by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutt.e NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the MaYGr of the City of Anaheim approved and signed said resolution on the 13th day of January , 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of January , 1959. L;;: ')cG< . CITY C. OF T~mIM .--- (SEAL) -3-