1977-068RESOLUTION NO. 77R-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR ROAD PURPOSES.
(Mac Duff Street 76 -9A)
WHEREAS, the City Council of the City of Anaheim has
elected to proceed under the provisions of the Street Vacation
Act of 1941 (Section 8300 et seq., Streets and Highways Code) in
connection with requests for vacation and abandonment of public
streets within the City of Anaheim; and
WHEREAS, the City Council did, by resolution duly posted
and published, give notice of its intention to abandon the follow-
ing described public street, to wit: Mac Duff Street (hereinafter
Street) subject to certain reservations and more specifically de-
scribed as follows:
That portion of a dedicated roadway commonly known as
Mac Duff Street located in the City of Anaheim, County
of Orange, State of California, described as follows:
Parcel One:
Lot C in Tract
Book 87, pages
of said Orange
RESERVING UNTO
easement over,
thereof.
No. 2876, as shown on a map recorded in
46 and 47, Miscellaneous Maps, records
County.
THE CITY OF ANAHEIM a public utility
under and across the easterly 5 feet
RESERVING UNTO THE PACIFIC TELEPHONE CO. an easement
to construct, place, operate, inspect, maintain, repair,
replace and remove such aerial and underground telephone,
telegraph and communication structures as the Company
may from time to time require consisting of poles, an-
chors, wires, cables, conduits, manholes, markers and
necessary fixtures, appurtenances over, under, along
and across all of the above described Lot C.
Parcel Two:
Beginning at the southeast corner of Lot 10 in Tract No.
2876, as shown on a map recorded in Book 87, pages 46
and 47, Miscellaneous Maps, records of said Orange
County; thence N 0° 02' 16" W, 87.19 feet to the begin-
ning of a tangent curve concave southwesterly and having
a radius of 13.00 feet; thence Northerly and Northwest-
erly along said curve through a central angle of 90° 00'
00" an arc distance of 20.42 feet to an intersection with
a line parallel with and 30 feet southerly of the center-
line of Stonybrook Drive; thence N 89° 57' 44" E, 86
feet to a line tangent to the beginning of a curve con-
cave southeasterly and having a radius of 13.00 feet;
thence Westerly and Southwesterly along said curve through
a central angle of 90° 00' 00" an arc distance of 20.42
feet to a point in a line parallel with and 30 feet
easterly of the centerline of Mac Duff Street; thence
S 0° 02' 16" E, 87.19 feet to the southwesterly cor-
ner of Lot 11 in said Tract No. 2876; thence S 89°
57' 27" W, 60 feet to the point of beginning.
Excepting therefrom the southerly 5 feet thereof
contained in Lot C above described.
RESERVING THEREFROM UNTO THE CITY OF ANAHEIM a public
utility easement over, under and across the easterly
5 feet and the westerly 10 feet of the easterly 30
feet thereof.
ALSO RESERVING UNTO THE SOUTHERN CALIFORNIA GAS
COMPANY an easement over, under and across the east-
erly 5 feet of the westerly 8 feet of the northerly
70 feet thereof and the southerly 5 feet of the
northerly 70 feet thereof; and
WHEREAS, on the 1st day of February, 1977. a public
hearing was held to allow interested persons to submit evidence
concerning said proposed abandonment; and
BE IT FURTHER RESOLVED
forth in the preceding paragraph
eighty (180) days of the date of
will make its order vacating and
the City of Anaheim does
that said Street is unneces-
use; and
WHEREAS, the City Council of
find from the evidence submitted to it
sary for present or prospective public
WHEREAS, the City Council has
certain conditions must be met prior to
ting and abandoning said Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Anaheim does determine that said Street should be aban-
doned and vacated subject to the following conditions:
1. The removal of existing street improvements and construc-
tion and installation of curbs, gutters, sidewalks and paving along
the south side of Stonybrook Drive across the abandoned portion of
MacDuff Street pursuant to plans approved by the City Engineer.
The existing steel barricades and street name signs, property of
the City of Anaheim, to be set aside for City salvage purposes.
2. The execution, by the owner of Lot 10 of Tract 2876, of
a hold harmless agreement releasing the City of Anaheim from any
liability resulting from loss of public access to the garage facing
MacDuff Street.
further determined that
making of an order vaca-
that should the conditions set
be fulfilled within one hundred
this Resolution, the City Council
abandoning said Street.
BE IT FURTHER RESOLVED that should all of said conditions
not be fulfilled within said one hundred eighty (180) days or such
further time as the City Council may grant, then this Resolution
shall terminate, and resort shall be had to a new and separate pro-
ceeding.
THE FOREGOING RESOLUTION is approved and signed by me
this 1st day of February, 1977.
ATTEST:
CITY LERK OF TH CITY OF ANAHEIM
MES:fm
'U
T CITY
OF MAYOR ��F 0 ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
ss.
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -68 was introduced and adopted at a regular
meeting provided by law, of the City "Council of the City of Anaheim held on
the 1st day of February, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of
signed said Resolution No. 77R -68 on the lst day of
IN WITNESS WHEREOF, I have hereunto set my hand and
City of Anaheim this lst day of February, 1977.
(SEAL)
CITY CLERK OF THE C
Anaheim approved and
February, 1977.
affixed the seal of the
OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -68 duly passed and adopted
by the Anaheim City Council on February 1, 1977.
CITY CLERK