69R-189RESOLUTION NO. 69R- 189
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, ORDERING THE VACATION AND
ABANDONMENT. OF AN EXISTING ROADWAY COMMONLY
KNOWN AS HOTEL WAY AND AN EASEMENT FOR ROAD-
WAY PURPOSES UPON, OVER, ACROSS AND ALONG
THE HEREINAFTER DESCRIBED REAL PROPERTY;
AND RESERVING AN EASEMENT FOR PUBLIC UTILITY
PURPOSES OVER, UNDER AND ACROSS A PORTION
OF SAID PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporation of the State of California, did on the
18th day of March, 1969, pass its Resolution No. 69R -144,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN
EXISTING ROADWAY COMMONLY KNOWN AS HOTEL WAY AND AN EASEMENT
FOR ROADWAY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREIN-
AFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR
PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF
SAID PROPERTY, FIXING A TIME AND PLACE FOR A HEARING THEREON;
AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICA-
TION OF THIS RESOLUTION," whereby it declared its intention
to vacate and abandon and close to public use an existing
roadway commonly known as Hotel Way 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
over under and across a portion of 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 roadway commonly known as Hotel
Way 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 8th day of April, 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 roadway
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 roadway and easement for roadway purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said Resolution was published on the 27th
day of March, 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 roadway and
easement for roadway purposes be posted conspicuously along the
lines of said street 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 27th day of
March, 1969, post conspicuously not less than three (3) such
notices along the lines of said street 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 18th day of
March, 1969, at 1:30 o'clock P.M., at said City Hall, conduct
a public hearing on the matter of whether said roadway commonly
known as Hotel Way 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 roadway and easement for roadway purposes
described in the. Resolution of Intention and hereinafter
described, are unnecessary for present or prospective roadway
purposes, and that an order vacating and abandoning such roadway
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
that said roadway, commonly known
for roadway purposes described in
for present or prospective public
all the evidence submitted
as Hotel Way and easement
said Resolution are unnecessary
purposes;
3. That it does hereby order that said roadway,
commonly known as Hotel Way, and said easement for roadway
purposes be, and they are hereby, vacated, abandoned and closed
to public use;
4. That the said roadway and easement for roadway
purposes herein ordered vacated, abandoned and closed to public
use are that certain existing roadway commonly known as Hotel
Way and easement for roadway purposes described in said Resolu-
tion No. 69R -144, are situated in the City of Anaheim, County
of Orange, State of California, and are more particularly
described as follows:
That portion of the Southerly 175 feet of Lot 20
in Tract No. 190, as per Map recorded in Book 23,
page 50 of Miscellaneous Maps, records of said
Orange County, California, as described in the
following deeds:
ATTEST;
Parcel One, described in deed recorded April 9,
1964 in Book 6998 page 530, Document No. 8937
of. Official Records of Orange County, California.
Parcel One and Parcel Two described in deed re-
corded May 28, 1965 in Book 7538, page 437,
Document No. 22741, of Official Records of Orange
County, California.
5. That it finds that an easement for public utility
purposes over, under and across the 60 -foot strip of land
described in the .above- mentioned Parcel One of Deed recorded
April 9, 1964 in Book 6998, Page 530, Document No. 8937 of
Official Records of Orange County, California, be reserved.
6. That it does hereby order that an easement for
public utility purposes over, under and across the 60 -foot
strip of land described in the above- mentioned parcel One of
Deed recorded April 9, 1964 in Book 6998, Page 530, Document
No. 8937 of Official Records of Orange County, California,
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 FG EGOINq P SOLUTION is approved and signed by
me this '8th day of Apki'1, 1969.
MAYOR 0
CI Y. OF ANAHEIM
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 -189 was introduced
and adopted at a regular meeting provided by law, of the City Council of
the City of Anaheim, held on the 8th day of April, 1969, by the following
vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Peb1ey•.and:Clark
NOES: COUNCILMEN: None
TEMPORARILY ABSENT: COUNCILMEN: Schutte
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R -189 on the 8th day of April,
1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 8th day of April, 19
7
CI CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,aio
hereby certify that the foregoing is the original of Resolution No. 69R -189
duly passed and adopted by the Anaheim City Council on April 8 1969