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1960-6469RESOLUTION NO. 6469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF CERTAIN ROADS IN TRACT NO. 2913 AND EASEMENTS FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG SAID ROADS; AND CERTAIN EASE- MENTS FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH PORTIONS OF SAID TRACT MORE PARTICULARLY HEREINAFTER DESCRIBED. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 1st day of November, 1960, pass its Resolution No. 6416 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CER- TAIN ROADS IN TRACT NO. 2913 AND EASEMENTS FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG SAID ROADS, AND CERTAIN EASE- MENTS FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH PORTIONS OF SAID TRACT; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon certain roads, hereinafter described, in Tract No. 2913 and easements for road purposes upon, over, across, and along said roads,and certain easements for public utility purposes upon, over, across and through portions of said tract, hereinafter des- cribed, under the provisions of the Street Vacation Act of 1941, and under the provisions of the Public Service Ease- ment Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and WHEREAS, the City Council in said resolution re- ferred 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 roads and said easements for road and public utility purposes; and WHEREAS, said City Council did by said resolution fix the 22nd day of November, 1960, at 7:00 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, abandonment and closing to public use of said roads and said easements 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 roads and easements for road and public utility purposes should not be vacated, aban- doned and closed to public use; and WHEREAS, said resolution was published on the 8th day of November, 1960, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, Orange County, California; and WHEREAS, by said resolution said City Council direct- ed 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 roads and ease- ments for road and public utility purposes be posted conspicu- ously along the lines of said roads and easements, not more -1- R/W than 300 feet apart, at least ten (10) days before said hear- ing, and not less than three (3) such notices should be posted along the line of each road and each easement; and WHEREAS, Herman J. Stoffel, Jr., did on the 10th day of November, 1960, post conspicuously not less than three (3) such notices along the line of each road and each easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 22nd day of November, 1960, at 7:00 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hear- ing on the matter of whether said roads and easements for road and public utility purposes, hereinafter described, should be vacated, abandoned and closed to public use, and at said hear- ing did hear evidence thereon; and WHEREAS, the City Council finds from all of the evi- dence submitted that said roads and easements for road and public utility purposes described in the Resolution of Inten- tion and hereinafter described, are unnecessary for present or prospective road and public utility purposes, and that an order vacating and abandoning such roads and easements for road and public utility purposes as described in the Resolu- tion of Intention 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 the evidence submitted that said roads and easements for road and public utility pur- poses described in said resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said roads and easements for road and public utility purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said roads and easements for road and public utility purposes herein ordered vacated, abandoned and closed to public use are those certain roads and easements described in said Resolution No. 6416, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: (a) Those certain roads in Tract No. 2913 and ease- ments for road purposes upon, over, across and along said roads in Tract No. 2913, described as: PARCEL 1. Those 54.00 foot roads commonly known as Balsam Avenue and Forest Avenue, being a portion of Tract No. 2913, as shown on a map filed in Book 96, pages 41 and 42 of Miscellaneous Maps, re- cords of Orange County, California, -2- ATTEST: PARCEL 2. The Westerly 30.00,feet of Tract No. 2913, being the Easterly half of_Baxter Street, as shown on a map of said Tract No. 2913 filed in Book 96 pages 41, -and 42 of Miscellaneous Maps,; records of Orange County, California. EXCEPTING,THEREFROM the Northerly 151.01 feet thereof. (a) Those certain easements for public utility pur- poses upon, over, across, along and through those portions of Tract No. 2913, described as: PARCEL, 3. Those portions of Tract No. 2913, as shown on a map filed in Book 96, pages 41 and 42 of Miscel- laneous Maps, Re,cords_of Orange County, California, described as: The Southerly five (5) feet of Lots 1 to 10, both inclusive, and Lots 21 to 30, both inclusive. The Southerly eight (8) feet of Lots 41 to 50, both inclusive. The Easterly eight (8) feet of Lots 10, 11, 30, 31 and 50. The Easterly five (5) feet of Lots 1, 20, 21, 40 and 41. The Westerly five (5) feet of Lots 2, 19, 22, 39 and 42. 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 22nd day of November 1960. -3- a PIA OR /OF THE CITY 0 Pro Tem STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM NOES: COUNCILMEN: None I, DENE M. WILLIAMS, City Clerk of the. City of Anaheim do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 22 day of November, 1960, by the following vote: AYES: COUNCILMEN: Chandler, Fry, and Thompson ABSENT: COUNCILMEN: Coons and Schutte Pro Tem AND I FURTHER CERTIFY that the Mayor /of the City of Anaheim approved and signed said resolution on the 22 day of November, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22 day of November 1960. 1 -�C•� CITY CLERK OF THE CITY Of ANAHEIM (SEAL)