63-0390RESOLUTION NO. 63R- 390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ORDERING THE VACATION AND ABANDONMENT
OF A PORTION OF WINSTON ROAD AND AN EASEMENT FOR
ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER,
ACROSS, ALONG AND THROUGH THE HEREINAFTER DES-
CRIBED REAL PROPERTY; AND RESERVING AN EASEMENT
FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND
ACROSS PORTIONS OF SAID PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
23rd day of April, 1963, pass its Resolution No. 63R -313, en-
titled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF WIN
STON ROAD AND AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES
UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY; RESERVING EASEMENTS FOR PUBLIC UTILITY PURPOSES
OVER, UNDER, ACROSS AND THROUGH PORTIONS OF SAID PROPERTY; FIXING
A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING
OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," where-
by it declared its intention to vacate and abandon and close to
public use a portion of Winston Road and an easement 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 did further declare its in-
tention to reserve easements for public utility purposes over,
under and across portions of the above mentioned 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 Winston Road and easement for
road and public utility purposes and said reservation of easements
for public utility purposes; and
WHEREAS, said City Council did by said resolution fix
the 14th day of May, 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, abandon-
ment and closing to public use of said portion of Winston Road and
easement for road and public utility 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 easement for road and public utility purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 2nd day of
May, 1963, in the Anaheim Bulletin, a newspaper of general cir-
culation, 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 road and ease-
ment for road and public utility purposes be posted conspicuously
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along the line of said easement, 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 2nd day of May,
1963, post conspicuously not less than three (3) such notices
along the line of said portion of road 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 14th day of May,
1963, at 3:00 o'clock P.M., at said City Hall, conduct a public
hearing on the matter of whether said portion of road and ease-
ment 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 evidence sub-
mitted that said portion of road and easement 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 portion of road and easement 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 evidence submitted that
said portion of Winston Road and easement 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 portion of
Winston Road and easement for road and public
utility purposes be, and they are hereby, vacated,
abandoned and closed to public use;
4. That said portion of road and easement herein
ordered vacated, abandoned and closed to public
use are that certain portion of Winston Road and
easement described in said Resolution No. 63R -313,
are situated in the City of Anaheim, County of
Orange, State of California, and are more particu-
larly described as follows:
That portion of Winston Road and easement for
road and public utility purposes upon, over,
across, along and through the following described
property situated in the City of Anaheim, County
of Orange, State of California, to wit:
Those portions of the Northwest quarter of Section
22, Township 4 South, Range 10 West, S.B.B. M.,
described as follows:
PARCEL ONE: The Southerly 30.00 feet of the North
half of the Northwest quarter, and the Northerly
10.00 feet of the South half of the Northwest
quarter of said Section 22, Township 4 South,
Range 10 West, S.B.B. M.
EXCEPTING THEREFROM all that portion lying West-
erly of the East line of the land conveyed to
Clyde Buckley Schlund and Joan Marie Schlund,
husband and wife, by deed recorded July 8, 1952,
Document No. 34236, in Official Records of
Orange County, California.
ALSO EXCEPTING THEREFROM any portion thereof con-
veyed to the State of California by Torrens Deed
No. 30189, recorded December 1, 1954 in Certifi-
cate of Titles, in the office of the County
Recorder of Orange County, California.
ALSO EXCEPTING THEREFROM that portion conveyed to
the State of California by Deed No. 62569, re-
corded August 11, 1954,in Official Records of
Orange County, California.
PARCEL TWO: Beginning at the intersection of the
center line of West Street and Winston Road; thence
Easterly along the center line of said Winston Road
1,497.32 feet; thence Northerly 20.00 feet, as
measured at right angles from the last mentioned
center line to the true point of beginning; thence
Easterly and Northerly along a curve concave North-
erly and having a radius of 463.74 feet through a
central angle of 5 42' 18" a distance of 46.18
feet to a point, said point being the beginning of
a reverse curve having a radius of 543.74 feet and
a central angle of 5 42' 18 thence along said
reverse curve a distance of 54.14 feet to a point,
said point being in a line parallel with and 25.00
feet Northerly of the center line of said Winston
Road; thence Easterly along the last mentioned paral-
lel line 284.17 feet to a point, said point being
the beginning of a curve concave Southerly and having
a radius of 543.74 feet; thence Easterly along said
curve through a central angle of 5 42' 18" a
distance of 54.14 feet to a point, said point being
the beginning of a reverse curve, having a radius
of 463.74 feet and a central angle of 5° 42' 18
thence along said reverse curve a distance of
46.18 feet to a point, said point being in a line
parallel with and 20.00 feet Northerly of the center
line of said Winston Road; thence Westerly along
the last mentioned parallel line 484.47 feet to the
true point of beginning;
5. That it finds that easements for public utility
purposes over, under and across the hereinafter des-
cribed property should be reserved.
6. That it does hereby order that easements for pub
lic utility purposes be reserved over, under and
across the following described property situated
in the City of Anaheim, County of Orange, State of
California, to wit:
PARCEL ONE: An easement for public utility pur-
poses over, under and across that portion of the
Northwest quarter of Section 22, Township 4 South,
Range 10 West, S.B.B. M., lying 7.50 feet on
each side of the following described line:
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ATTEST:
Beginning at the intersection of the Southerly
prolongation of the East line of that parcel
of land conveyed to Clyde Buckley Schlund and
Joan Marie Schlund, husband and wife, by Deed
No. 34236, recorded July 8, 1952, in Official
Records of Orange County, California, with
the North line of the South 8 feet of the North
half of the Northwest quarter of said Section
22; thence Easterly along the North line of the
South 8 feet of the North half of the Northwest
quarter of said Section, a distance of 1,419.00
feet, more or less, to an angle point; thence
South 83 51' 24" East 268.57 feet; thence along
a line bearing South 63 05' 24" East to an
intersection with the Westerly right of way line
of that parcel of land conveyed to the State of
California by Deed No. 62569, recorded August 11,
1954 in Official Records, said point of inter-
section being the point of terminus of the line
hereinabove described.
PARCEL TWO: An easement for public utility
purposes over, under and across the Southerly
10.00 feet of the North half of the Northwest
quarter of Section 22, Township 4 South, Range
10 West, S.B.B. M.
EXCEPTING THEREFROM the Westerly 2,079 feet
thereof.
ALSO EXCEPTING THEREFROM any portion thereof con-
veyed to the State of California by Torrens Deed
No. 30189, recorded December 1, 1954 in Certifi-
cate of Titles in the office of the County
Recorder of Orange County, California.
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 14th day of May, 1963.
CITY CLERK OF T E CITY OF ANAHEIM
R OF T E CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
'I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -390 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 14th day of
May, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
S
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
_,Anaheim approved and signed said Resolution No. 63R -390 on the
14th day of May, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 14th day
of May, 1963.
CITY CLERK OF THE CITY OF ANAHEIM