69R-528
RESOLUTION NO. 69R- 528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ORDERING THE VACATION AND ABANDONMENT
OF A PORTION OF AN EXISTING ROADWAY FORMERLY
KNOWN AS WALNUT CREEK ROAD AND PRESENTLY KNOWN
AS NOHL RANCH ROAD AND EASEMENTS FOR ROADWAY,
PUBLIC UTILITY AND DRAINAGE PURPOSES UPON,
OVER, ACROSS, UNDER, ALONG AND THROUGH THE
HEREINAFTER DESCRIBED REAL PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporation of the State of California, did on the
2nd day of September, 1969, pass its Resolution No. 69R-5l0
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH
DECLARING ITS INTENTION TO VACATE AND ABANDON AN EXISTING ROADWAY
FORMERLY KNOWN AS WALNUT CREEK ROAD AND PRESENTLY KNOWN AS NOHL
RANCH ROAD AND PUBLIC UTILITY AND DRAINAGE PURPOSE EASEMENTS UPON
OVER, ACROSS, UNDER, ALONG AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY, FIXING A TIME AND PLACE FOR 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 a portion of an existing roadway
formerly known as Walnut Creek Road and presently known as Nohl
Ranch Road and easements for roadway, public utility and drainage
purposes upon, over, across, under, along and through the herein-
after described property under the provisions of the Street
Vacation Act of 1941 and 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 portion of roadway commonly known as Nohl
Ranch Road and easements for roadway, public utility and drainage
purposes; and
WHEREAS, said City Council did by said Resolution fix
the 23rd day of September, 1969, at 1:30 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 portion of roadway
and easements for roadway, public utility and drainage purposes,
for all persons interested in or objecting to such proposed
vacation, abandonment and closing to public use to appear and
show cause, if any they had, why such portion of roadway and ease-
ments for roadway, public utility and drainage purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said Resolution was published on the 11th day
of September, 1969, in the Anaheim Bulletin, a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, County of Orange, State of 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 portion of roadway and
easements for roadway, public utility and drainage purposes be
posted conspicuously along the lines of said street and easements
proposed to be vacated, 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; and
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WHEREAS, Donald R. O'Donnell did on the 11th day of
September, 1969, post conspicuously not less than three (3) such
notices along the lines of said street and easements, 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 23rd day of
September, 1969, at 1:30 o'clock P.M., at said City Hall, conduct
a public hearing on the matter of whether said portion of roadway
commonly known as Nohl Ranch Road and easements for roadway,
public utility and drainage 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 the evidence
submitted that said portion of roadway and easements for roadway,
public utility and drainage purposes described in the Resolution
of Intention and hereinafter described, are unnecessary for present
or prospective roadway, public utility and drainage purposes, and
that an order vacating and abandoning such portion of roadway and
easements for roadway, public utility and drainage 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 portion of roadway, commonly known as Nohl Ranch Road and
easements for roadway, public utility and drainage purposes des-
cribed in said Resolution are unnecessary for present or prospec-
tive public purposes;
3. That it does hereby order that said portion of
roadway commonly known as Nohl Ranch Road and easements for road-
way, public utility and drainage purposes be, and they are hereby
vacated, abandoned and closed to public use;
4. That said portion of roadway and easements for
roadway, public utility and drainage purposes herein ordered
vacated, abandoned and closed to public use are that certain
portion of roadway formerly known as Walnut Creek Road and present-
ly known as Nohl Ranch Road and easements for roadway, public
utility and drainage purposes described in said Resolution No.
69R-5l0, are situated in the City of Anaheim, County of Orange,
State of California, and are more particularly described as
follows:
That portion of a certain easement conveyed to the City of
Anaheim for service road public utility purposes and re-
alignment of Walnut Creek for drainage purposes, described
in Parcel One of the deed recorded November 19, 1964, in
Book 7309, pages 776 through 780 of Official Records of
Orange County, California, to be abandoned, described as
follows:
Those parcels of land being a portion of the Parcel 1 of
the land conveyed to Louis E. and ~~rgaret Elliott Nohl
by deed recorded October 6, 1943, in Book 1210, page 501
of Official Records of Orange County, California, and
that portion of the land allotted to Heirs of Leandro
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Serrano, per f.'lap of Partition of the Rancho Santiago de
Santa Ana, recorded in Book "B" of Judgments of the 17th
Judicial District Court, Los Angeles County, California
described as follows:
PARCEL ONE An easement for service road, public utility
purposes and re-alignment of Walnut Creek, for drainage
purposes over, under and across a strip of land 95 feet
in width lying 65.00 feet Westerly of and 30.00 feet
Easterly of the following described line:
Commencing at a point which is South 890 19' 23" East
65.00 feet from a point in that certain course in the
boundary of Parcell of the land conveyed to Louis E.
and Margaret Elliott Nohl by deed recorded October 6,
1943 in Book 1210, page 501 of Official Records of
Orange County, California, described in said deed as
"North 00 11' 40" West 2391.30 feet," said point being
distant thereon North 00 40' 37" East 493.84 feet from
the Southerly terminus of said course; thence North 00
40' 37" East parallel with said course 1159.45 feet to
the beginning of a tangent curve concave Easterly and
having a radius of 600.00 feet; thence Northerly 165.70
feet along said curve through a central angle of 150 49'
23"; thence North 160 30' 00" East tangent to said curve
219.44 feet to the beginning of a tangent curve concave
Westerly and having a radius of 600.00 feet; thence
Northerly 392.70 feet along said curve through a central
angle of 370 30' 00"; thence North 210 00' 00" West 10.00
feet to the Easterly extension of the 2ll0-foot radius
curve in the South line of the property as described in
a deed to the State of California, recorded in Book 1763
page 506 of said Official Records; and the true point of
beginning; thence following the line hereinbefore des-
cribed, from said South line to the point of commencing
and the beginning of a tangent curve concave Easterly and
having a radius of 2000.00 feet; thence Southerly 1425.53
feet along said curve through a central angle of 400 50'
18" to a point to be hereinafter referred to as "Point A."
Excepting therefrom any portion lying Northerly of the
Southerly right of way line of the Santa Ana Valley
Irrigation Canal.
Also excepting therefrom all that area lying southerly of
a line South 00 40' 37" West 208.58 feet from the Northerly
terminus of a line described as being North 00 40' 37" East,
1159.45 feet in Parcel One above described.
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 23rd day of September, 1969.
ATTEST:
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CI Y CLERK OF THE ITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 69R-528 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 23rd day of September,
1969, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Cla rk
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R-528 on the 23rd day of
September, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 23rd day of September,
1969.
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CI CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R-528 duly passed and adopted by the Anaheim City Council on Sep-
tember 23, 1969. ~. 'j
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City Clerk
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