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69R-351RESOLUTION NO. 69R-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ANAHEIM, ORDERING THE. VACATION AND ABANDONMENT OF A PORTION OF VERMONT AVENUE AND AN EASEMENT FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE. HEREINAFTER DESCRIBED REAL. PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES, INCLUDING, BUT NOT LIMITED TO, WATER TRANSMISSION AND DISTRIBUTION LINES AND SANITARY SEWERS AND STORM DRAINS, OVER, UNDER, ACROSS, ALONG AND THROUGH SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a municipal corporation of the State. of California,. did on the 27th day of May, 1969, pass its Resolution No. 69R -317, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF VERMONT AVENUE AND AN EASEMENT FOR ROADWAY PURPOSES. UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES, INCLUDING, BUT NOT .LIMITED TO, WATER TRANSMISSION AND DISTRIBUTION LINES AND SANITARY SEWERS AND STORM DRAINS, OVER, UNDER, ACROSS, ALONG AND THROUGH SAID PROPERTY; FIXING A TIME AND PLACE. FOR HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUT whereby it declared its intention to. vacate and abandon and close to public use a portion of Vermont Avenue and an easement for roadway purposes upon, over, across and along the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council did further declare its intention to reserve an easement for public utility purposes including, but not limited to water transmission and distribution lines and sanitary sewers and storm drains, over, under, across, along and through the hereinafter described property; 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 Vermont Avenue, and easement for roadway purposes, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said Resolution fix the 17th day of June, 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, abandon- ment and closing to public use of said portion of avenue and easement for roadway 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 avenue and easement for roadway purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said Resolution was published on the 5th day of June, 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, abandonment and closing to public use of said portion of avenue and easement for roadway purposes be posted conspicuously along the line of said portion of avenue and easement 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 WHEREAS, Donald R. O'Donnell did on the 5th day of June, 1969, post conspicuously not less than three (3) such notices along the line of said portion of avenue and easement, 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 17th day of June, 1969, at 1:30 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of avenue and easement for roadway 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 avenue and easement for roadway purposes described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospective avenue and roadway purposes, and that an order vacating and abandoning such portion of avenue and easement for roadway 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 Vermont Avenue and easement for roadway purposes described in said Resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of Vermont Avenue and said easement for roadway purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said portion of avenue and easement for roadway purposes herein ordered vacated, abandoned and closed to public use are that certain portion of Vermont Avenue and easement for roadway purposes described in said Resolution No. 69R -317, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: That portion of Vermont Avenue (66 feet wide), for merly known as Broad Street, lying Northerly of and adjacent to Lot 29 of the Anaheim Extension as shown on a map of survey made by William Hamel and filed in the Office of the County Recorder of Los Angeles County, California, a copy of which is shown in Book 3, pages 163 et seq, entitled Los Angeles County Maps, records of Orange .County, California. Excepting therefrom the Westerly 57 feet thereof, as measured to the centerline of West Street. Also excepting therefrom any portion thereof lying within the State. Highway on the east. Also excepting therefrom that portion described in the deed to the City of Anaheim recorded December 15, 1965 in Book 7775, page 70 of Official Records of Orange .County, California. 5. That it finds that an easement for public utility purposes, including, but not limited to, waterr transmission and distribution lines and sanitary sewers and storm drains, over, under, across, along and through the entire 66 foot wide strip of land described above, should be reserved. 6. That it does hereby order that an easement for public utility purposes including, but not limited to, water transmission and distribution lines and sanitary sewers and storm drains, over, under, across, along and through the entire 66 foot wide strip of land described above, should be reserved. 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 17th day of June, 1969. ATTEST; C CLE OF THE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM Pro Tem STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R -351 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 17th day of June, 1969, by the following vote of the members thereof: (SEAL) AYES: ODUNCILMEN: Dutton, Krein,and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley and Clark AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 6911.351 on the 17th day of June, 1969. IN WITNESS WHER1)F, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of June, 1969. CI CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R -351 duly passed and adopted by the Anaheim City Council on June 17, 1969. City Clerk