57R-3847
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RESOLUTION NO. 3~47
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
O:F' ANAHEH1 ORDERING THE VACATION AND ABANDON-
HENT OF A PORTION OF GUM ROAD AI\TD A CERTAIN
UNNAMED STREET, AND EASEl4El:n'S UPON, OVER,
ACROSS AND .ALONG THE HEREINAFTER DESCRIBED
PROPERTIES.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporation of the State of California, did on the
9th day of April, 1957, pass its Ordinance No. 1133, entitled
IAN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION
OF THE CITY COUNCIL TO VACATE AND AB!NDON A PORTION OF GUM
ROAD AND A CERTAIN UNNANED STREET, AlJD EASEMENTS UPON, OVER,
ACROSS AND ALONG THE HEREINAFTER DESCRIBED PROPERTIES; FIXING
A TIME AND PLACE FOR A HEARING THEREtpN; AND DIRECTING THE
POSTING OF NOTICES THEREOF AND THE P1lJBLICATION OF THIS ORDINANCE,"
whereby it decl&.red its intention to vacate and abandon and
close to public use a portion of Gum Road, and a certain unmamed
street, together with easements for road and street purposes
upon, over, across and along the here.inafter described properties,
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 for further
particulars as to the proposed vacation, abandonment and closing
to public use of said portion of Gum Road and said unnamed street
and easements for road and street purposes; and
.ilH:::;;m~AS, said City Council diG. by said Ordinance fix
the 1st day of May, 1957 at 7:00 o'clock P. M., in the Council
Chamber of the City Hall in the City of Anaheim as the time and
place of a public hearing on the matter of such vacation, aban-
donment and closing to public use of said portion of Gum Road and
said unnamed street, together with easements for road and street
purposes, for all persons interested in or objecting to such pro-
posed vacation, abandonment and closing to public use to appear
and shol'> cause, if any they had, why said portion of said road
and said street and easements for road and street purposes should
not be vacated, abandoned and closed to public use; and
\~REAS, said Ordinance was published on the 16th day
of April, 1957 in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, Orange County, California; and
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vlliEREAS, by said Ordinance said City Council directed
that notices of the passage of said Ordinance and of the time
ami place of the hearing on the matter of the vacation, abandon-
ment and closing to public use of said portion of Gum Road and
said unnamed street, together with easements for road and street
ourposes, be posted conspicuously alone the lines of such portion
of road and such unnamed street and easements proposed to be vacated,
not more than JOO feet apart, at leE"st ten (10) days before said
hearing, and not less than three (3) such notices_shoult. be_posted on
said)ortion of road &nd ::01; less than thpee such notlees should
be posted on said unnl~ed street; and
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\JHEREAS, Calvin J. Bouse did on the 17th da;y of April,
1957 post conspicuously six (6) such notices, posting three
notices along the lines of said portion of Gum Road and three
notices s.long the lines of SGid unnE\.med street, 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 1st day of May,
1957 at 7:00 o'clock P. M. at said Oity Hall, conduct a public
hearing on the matter of whether sald portion of road, said
unnamed street and easements for road and street purposes, herein-
s.fter described, should be vacated, abandoned and closed to pub-
lic use, and at said hes.ring did hear evidence thereon; and
w~REAS, the City Council finds from all the evidence
submitted that said portion of road, said unnamed street and
easements for road and street ourposes described in the Ordinance
of Intention and hereinafter described are unnecessary for
oresent or prospective street C)urposies, and that an order vacat-
ing such portion of road, said unnamed street and easements for
road and street purposes as descri tad in the Ordinance of Inten-
tion should be made by the City Council.
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 portion of Gum Road together with an easement for road
purposes, described in said Ordinance, are unnecessary for pres-
ent or prospective public purposes;
3. That it finds from all the evidence submitted
that said unnamed street, together with easement for street pur-
poses, described in said Ordinance, are unnecessary for present
or prospective public purposes;
4. That it does hereby order that said portion of
road, said unnamed street and easements for road and street
purposes be, and they are hereby, vacated, abandoned and closed
to public use;
5. That said portion of Gum Road and easement for
road purposes herein ordered vacated, abandoned and closed to
public use are described in said Ordinance No. 1133, are situated
in the City of Anaheim, County of Orange, State of California,
and are more particularly described as follows:
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The East half of that portion of Gum Road as
shown on a map of the Townsend Subdivision as
recorded in Book 5, Page 40 of Miscellaneous
Maps, Records of Orange County, California,
lying' adjacent to Lot 7 of said Townsend Sub-
division;
6. That said unnamed street and easement for street
purposes herein ordered vacated, abandoned and closed to public
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use are also described in said Ordinance No. 1133, are situated
in the City of Anaheim, County of Orange, State of California,
and are more particularly described as follows:
That certain unnamed stre~t 10.00 feet in
width lying Southerly of ~d adjacent to
Lots 7 and 8 of Townsend ~ubdivision as per
map thereof recorded in BQok 5, Page 40 of
Miscellaneous Maps, Records of Orange County,
California.
AND BE IT FURTHER RESOLVEU 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 Offioe of
the County Recorder of Orange County, California.
THE FOREGOING RESOLUTION lis approved and signed by
me this 1st day of May, 1957.
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ATTEST:
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STATE OF CALIF'ORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution
was passed and adopted at an adjourn~d regular meeting of
the City Council of the City of Anaheim held on the 1st
day of May, 1957, by the following vote of the members
thereof:
AYES:
NOES:
AB SENT:
COUNCILIlifEN: Pearson., Coons, Fry ud Wisser
COUNCILMEN: None
COUNCIU1EN: Schutte
AND I FURTHER CERTIFY that the Mayor of the City
of Anaheim signed and approved said Resolution on the 1st
day of May, 1957.
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IN WITNESS WHE?.EOF, I have hereunto set my hand 0
and affixed the seal of the City of Anaheim this 1st day of
May, 1957.
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