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63-0313RESOLUTION NO. 63R -313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF WINSTON 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 HEAR- ING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of a portion of Winston Road and an easement for road and public utility purposes upon, over, across, along and through the here- inafter described property; and WHEREAS, the City Council of the City of Anaheim does elect to proceed under the provisions of the Street Vacation Act of 1941, to abandon or vacate said portion of Winston Road and easement for road purposes and under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, to abandon said public utility easement; and WHEREAS, the City Council does declare that it intends to reserve easements for public utility purposes over, under and across portions of the hereinafter described property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use 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 Westerly 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 conveyed to the State of California by Torrens Deed No. 30189, recorded December 1, 1954 in Certificate of Titles, in the office of the County Recorder of Orange County, California. R/W ALSO EXCEPTING THEREFROM that portion conveyed to the State of California by Deed No. 62569, recorded 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 cen- ter line to the true point of beginning; thence East- erly and Northerly along a curve concave Northerly 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 parallel 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; and that it does elect to proceed under the provisions of the Street Vacation Act of 1941, and under the provisions of the Pub- lic Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and BE IT FURTHER RESOLVED that the City Council does here- by further declare that it intends to reserve easements for public utility purposes over, under, and across the following portions of the property hereinabove described: PARCEL ONE: An easement for public utility purposes 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: Beginning at the intersection of the Southerly pro- longation 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 intersection 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 conveyed to the State of California by Torrens Deed No. 30189, recorded December 1, 1954 in Certificate of Titles in the office of the County Recorder of Orange County, California. BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the Office of the City Clerk for further particu- lars as to the proposed vacation, abandonment and closing to pub- lic use of said portion of Winston Road and easement for road and public utility purposes, and said reservation of easements for public utility purposes. BE IT FURTHER RESOLVED that a time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 14th day of May, 1963, at 3:00 P.M. in the Council Chamber in the City Hall in the City of Anaheim is hereby fixed as the time and place for a pub- lic hearing on the matter of such vacation, abandonment 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 object- ing to such proposed vacation,abandonment and closing to public use to appear and show cause, if any they have, why such portion of road and easement and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vaca- tion and abandonment of said portion of Winston Road and easement and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of road and easement at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said portion of Winston Road and easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affidavit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such posting; and BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of this resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and cir- culated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of April, 1963. ATTEST: (SEAL) DENE M. WILLIAMS CITY CLERK OF THE CITY OF ANAHEIM By ���e%/�L�i DEPUTY CITY CLERK OR OF THE CITY 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 was passed and adopted at a regular meeting of the City Council held on the 23rd day of April, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 23rd day of April, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of April, 1963. CITY CLERK OF THE CITY OF ANAHEIM 0 By 7/7. t=,-*4>22.e- -714a-/ DEPUTY CITY CLERK 4 DENE M. WILLIAMS