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1954-2351RESOLUTION NO. 2 35 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON MENT OF A PO.RTION OF PYTHIAS AVENUE AND AN EASEMENT FOR AVENUE PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED PROPERTY; AND RESERVING A RIGHT -OF -WAY FOR SEWER PURPOSES. IE REAS, the City Council of the City of Anaheim, a municipal corporation of the State of California, did on the 26th day of January, 1954, pass its Ordinance No. 879 en- titled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING- THE INTENTION OF THE CITY COUNCIL TO VACAT'E AND ABANDON A PORTION OF PYTHIAS AVENUE AND AN EASEMENT FOR AVENUE PURPOSES ALONG THE HEREINAFTER DESCRIBED REAL PROPEj: -TY; RESI `VING A RIGHT OF -WAY FOR SEWER PURPOSES; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTIND THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS ORDINANCE" whereby it declared its intention to vacate and abandon and close to public use a portion of Pythias Avenue and an easement for avenue purposes upon, over and along the hereinafter described property; and WHEREAS, the City Council did further declare its intention to reserve a right -of -way for sewer purposes ten (10) feet in width, upon, over, along and across the portion of Pythias Avenue proposed to be abandoned and hereinafter described; and WHEREAS, the City Council in said Ordinance referred to a map on file in the Office of the City Clerk for further particulars as to the proposed vacation, abandonment and clos- in- to public use of said portion of avenue and easement for avenue purposes, and said reservation of right -of -way for sewer purposes; and WHEREAS, said City Council did by said Ordinance fix the 23rd day of February, 1954 at 8 :00 o'clock P.M. in the City Hall of the City of Anaheim as the time and place of public hearing on the matter of such vacation, abandonment and closing to public use of said portion of Pythias Avenue and easement for avenue purposes, for all persons interested in or objecting to such proposed vacation, abandonment and closing to public use to a, pear and show cause, if any they had, why such portion of avenue and easement for avenue purposes should not be vacated, abandoned and closed to public use; and WFI; REAS, said Ordinance was published on the 30th day of January, 1954 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 Ordinance said City Council directed that notices of the passage of said Ordinance and of the time and place of the hearing of the matter of the vacation, abandon- ment and closing to public use of said portion of avenue and easement for avenue purposes be posted conspicuously along the lines of said avenue, not more than 300 feet apart, and not less than three (3) such notices should be posted; and -1- WHEREAS, George E. Holyoke, City Engineer and Superintendent of Str ets, did on the 16th day of February 1954 post conspicuously fi such notices along the lines of said avenue, which notices were posted less than 300 feet apart; and WHEREAS, said City Council did on the 23rd day of February, 1954 at 8:00 o'clock P.M. at said City Hall conduct a public hearing on the matter of whether said portion of Avenue and easement for avenue purposes 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 that portion of avenue, and easement for avenue purposes, described in the Ordinance of Intention and herein- after described are unnecessary for present or prospective avenue purposes, and that an order vacating such portion of avenue as described in the Ordinance of Intention should be made by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That it finds from all the evidence submitted that said portion of Pythias Avenue and easement for avenue purposes described in said Ordinance are unnecessary for pres- ent or prospective public purposes; 2. That it does hereby order that said portion of avenue and easement for avenue purposes be, and they are here- by, vacated, abandoned and closed to public use; 3. That the said portion of avenue and easement for avenue purposes herein ordered vacated., abandoned and closed to public use are those described in said Ordinance No. 8 ?9, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: That portion of Pythias Avenue and easement for avenue purposes upon, over and along said portion of Pythias Avenue (60 feet wide) lying within Lot 47 of Anaheim Extension as shown on a map thereof made by William Hamel in 1868 and filed for record in the Office of the County Recorder of Los Angeles County, California, the center line of which is described as follows: Beginning at a point on the South line of said Lot 47, said point being 663.15 feet more or less Westerly from the Southeast cor- ner of said Lot 47; thence North along a line parallel to the East line of said Lot 47 to a point of intersection with the Southerly prop- erty line of West Santa Ana Street. 4. That it finds that a right -of -way for sewer purposes ten (10) feet in width upon, over, along and across the portion of Pythias Avenue herein ordered vacated, abandoned and closed to public use should be reserved; -2- 5. That it does hereby order that a right -of -way for sewer purposes ten (10) feet in width upon, over, along and across the portion of Pythias Avenue herein ordered vacated, abandoned and closed to public use be reserved; and that the center line of said right -of -way for sewer purposes is described as follows: Beginning at a point on the South line of Lot 47 of Anaheim Extension, said point being 667.15 feet Westerly from the Southeast cor- ner of said Lot 47; thence Northerly along a line parallel to the Easterly line of said Lot 47 to a point of intersection with the Southerly property line of West Santa Ana Street. AND BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby, authorized and directed to cause a certified copy of this Resolution and Order, attested by him 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 23rd day of February, 1954. ATTEST: CITY CLERK OF THE CITY' F ANAHEIM. -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CHARLES E. GRIFFITH, 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 of the City of Anaheim held on the 23rd day of February, 1954, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner NOES: COUNCILIEN: None. ASSENT: COUNCILIEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 23rd day of February, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23ri day of February, 1954. CITY CLERK OF THE CITY OF ANAHEIM.