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57R-3688 -. ---..,-..,. RESOLUTION NO. 3688 A RESOLUTION OF THE cny COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON~lliNT OF A PORTION OF A ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS AND ALONn THE HF:P,F.HJAFTER DESCRIBED REAL PROPEHTY. \ffiEREAS, the City Council of the City of Anaheim, a municipal corporation of the state of California, did, on the 15th day of January, 1957, pass its Ordinance No. 1112 entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON A PORTION OF A ROAD AND AN EASE~!ENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS ORDINANCE; AND REPEAL- ING ORDINANCE NO. 1109," whereby it declared its intention to va- cate and abandon and close to public use a portion of a road and an easement for road and public utility purposes upon, over, across and along the hereinafter described property, under the proVisions of the Street Vacation Act of 1941; and \iHEREAS, the City Council in said Ordinance referred to a map on file in the Office of the City Clerk for further particu- lars as to the proposed vacation, abandonment and closing to public use of said portion of a road and an easement for road and public utility purposes; and vffiEREAS, said City Council did by said Ordinance fix the 13th day of February, 1957 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, abandonment and closing to public use of said portion of a road and an easement for road and public utility purposes, for all per- sone 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 portion of a road and an easement for road and public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said Ordinance was published on the 22nd day of January, 1957, in the Anaheim Bulletin, a newspaper of general cir- culation, printed, published and circulated in the City of Anaheim, Orange County, California; and .- - i,IHEREAS, by said Ordinance said City Council directed that notices of the passage of said Ordinance and of the time and place of the hea.ring on the matter of the vacation, abandonment and closing to public use of said portion of a road and an easement for road and public utility purposes be posted conspicuously along the lines of said portion of a road and 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 \mEREAS, Ear 1 T. Bous 1 og did on the 31 s t day of January - ,1957, post conspicuously five (5 ) such notices-along the-lines of said portion of a road and easement -1- - 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 13th day of February, 1957, at 7:00 o'clock P. M., at said City Hall, con- duct a public hearing on the matter of whether said portion of a road and. easement for road and public utility purposes here- inafter 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 the evidence submitted that that portion of a road and easement for road and public utility purposes described in the Ordinance of Intention and hereinafter described, are unnecessary for present or pros- pective road purposes, and that an order vacating such portion of a road and easement for road and public utility purposes as described in the Ordinance of Intention should be made by the City Council, Nmv, 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 a road and easement for road and public utility purposes described in said Ordinance are unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of a road and easement for road and public utility purposes be, and they are hereby vacated, abandoned and closed to public use; 4. That said portion of a road and easement for road and public utility purposes herein ordered vacated, abandoned and closed to public use are those described in said Ordinance No. 1112, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Portions of Lots 1 to 8, inclusive, in Tract No. 1322, as shown on a map filed in Book 40, Page 7 of Miscellaneous Maps in the Office of the County Recorder of Orange County, Cali- fornia, more particularly described as follows: The Northerly fifty (50) feet of Lots 1, 2, 3, 4, 5, 6, 7 and 8, and the Easterly fifty (50) feet of Lot 8 in Tract No. 1322, as shown on a map filed in Book 40, Page 7 of Miscellaneous Maps in the office of the County Recorder of Orange County, California, .~. - 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 -2- - 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 February, 1957. MAYO~~AHEIH Pro Tem ATTEST: ~T~'~IH STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEm ) ) ss. ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a REGULAR MEETING of the City Council held on the 13th day of February, 1957, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCILMEN: Coons, Fry, Schutte and Wisser COUNCILMEN: None COUNCILMEN: Pearson Pro Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim signed and approved said Resolution on the 13th day of February, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of February, 1957. ~~ftE~~ (SIAL) ,r- -3-