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63-0784RESOLUTION NO. 63R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 10th day of September, 1963, pass its Resolution No. 63R -734, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON EASEMENTS FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH 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 RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use easements for road and public utility purposes upon, over, across, along and through the hereinafter described property, under the provisions of the Street Vacation Act of 1941, and under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; 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 easements for road and public utility purposes; and WHEREAS, said City Council did by said resolution fix the 1st day of October, 1963, at 3:00 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, aban- donment and closing to public use of said easements for road and public utility purposes, for all persons interested in or object- ing to such proposed vacation, abandonment and closing to public use to appear and show cause, if any they had, why such easements for road and public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 19th day of September, 1963, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, Orange County, 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 easements for road and public utility purposes be posted conspicuously along the lines of said easements, 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 each of said easements; and WHEREAS, Donald R. O'Donnell did on the 19th day of September, 1963, post conspicuously not less than three (3) such notices along the line of each of said easements, which notices were posted not more 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 October, 1963, at 3:00 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hearing on the matter of whether said easements for road and public utility 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 evidence submitted that said easements for road and public utility purposes,described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospective road and public utility purposes, and that an order vacating and abandoning such easements for road and public utility purposes as described in the Resolution of Intention 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 the evidence submitted that said easements for road and public utility purposes described in said resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said easements for road and public utility purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said easements herein ordered vacated, abandoned and closed to public use are those certain ease- ments described in said Resolution No. 63R -734, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Easements for road and public utility purposes upon, over, across, along and through the following described property: PARCEL ONE: The Westerly 30.00 feet of that portion of the Northwest quarter of the Northwest quarter of Section 13, Township 4 South, Range 11 West, S.B.B.& M., described as follows: Beginning at a point on the North line of said Section 13, North 89 41' 15" East 978.00 feet from the Northwest corner of said Section; thence South 0 10' 15" East, 1,338.43 feet parallel with the West line of said Section to a point on the South line of the North half of the Northwest quarter of said Section, said point being North 89 37' 30" East 978.00 feet from the intersection of said South line with the West line of said Section; thence -2- South 89 37' 30" West 141.30 feet along said South line; thence North 0 10' 15" West 1,338.59 feet parallel with the West line of said Section to the North line of said Section; thence North 89 41' 15" East 141.30 feet to the point of beginning. EXCEPTING THEREFROM the Northerly 66 feet thereof lying within Lincoln Avenue to the North. PARCEL TWO: Beginning at a point in a line parallel with and 866.70 feet Easterly of the West line of the Northwest quarter of Section 13, Township 4 South, Range 11 West, S.B.B. M., and 66.00 feet Southerly of the North line of the Northwest quarter of said Section 13; thence North 89 41' 15" East a distance of 22.94 feet to the beginning of a curve concave Southeasterly and having a radius of 23.00 feet; thence Westerly and Southerly along said curve through a central angle of 89 51' 30" an arc distance of 36.07 feet; thence North 0 10' 15" West a distance of 22.94 feet 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 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 1st day of October, 1963. ATTEST: CICLERK OF THE CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM n I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -784 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the lst day of October, 1963, by the following vote of the members thereof: AYES: COUCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Coons AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 63R-784 on the lst day of October, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 1St day of October, 1963. CITY CLERK OF THE CITY OF ANAHEIM