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64-794RESOLUTION NO. 64R- 794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF PORTIONS OF CERRITOS AVENUE AND AN EASEMENT FOR AVENUE AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREIN AFTER 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 6th day of October, 1964, pass its Resolution No. 64R -715, entitled "A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON PORTIONS OF CERRITOS AVENUE AND AN EASEMENT FOR AVENUE AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER, ACROSS AND THROUGH A PORTION 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," whereby it declared its intention to vacate and abandon and close to public use portions of Cerritos Avenue and an easement for avenue 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 intention to reserve an easement for public utility purposes over, under and across a portion 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 portions of Cerritos Avenue and easement for avenue and public utility purposes, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 27th day of October, 1964, 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 portions of Cerritos Avenue and easement for avenue 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 portions of Cerritos Avenue and easement for avenue and public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 15th day of October, 1964, 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, abandon- ment and closing to public use of said portions of Cerritos Avenue and easement for avenue and public utility purposes be posted conspicuously along the line of said portions of avenue and 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 along the line of each portion of avenue; and WHEREAS, Donald R. O'Donnell did on the 15th day of October, 1964, post conspicuously not less than three (3) such notices along the line of each of said portions of avenue 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 27th day of October, 1964, at 1 :30 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portions of Cerritos Avenue and easement for avenue 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 submitted that said portions of avenue and easement for avenue and public utility purposes described in the Resolution of Intention and hereinafter described are unnecessary for present or prospective avenue and public utility purposes and that an order vacating and abandoning such portions of avenue and ease- ment 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 portions of Cerritos Avenue and easement for avenue and public utility purposes described in said resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said portions of Cerritos Avenue and easement for avenue and public utility purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said portions of avenue and easement herein ordered vacated, abandoned and closed to public use are those certain portions of Cerritos Avenue and easement described in said Resolution No. 64R -715 are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Those portions of Cerritos Avenue located in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL NO. 1: Beginning at the Northwest corner of Lot 35 of Tract 3247, as shown on a Map recorded in Book 98, pages 4, 5 and 6 of Miscellaneous Maps, records of Orange County, California; thence North 89 34' 06" East along the North line of said Lot 35 a distance of 90.47 feet to the beginning, of a tangent curve concave Southwesterly and having a radius of 17 feet; thence Easterly and Southerly along said curve through a central angle of 90 16' 44" an arc distance of 26.79 feet to an intersection with a line parallel with and 30 feet Westerly, as measured at right angles from the center line of Dallas Drive, 60 feet wide, as shown on the Map of said Tract 3247; thence North 0 09' 10" West along the last mentioned parallel line a distance of 22.10 feet, to the beginning of a tangent curve concave Southwesterly and having a radius of 15 feet; thence Northerly, Northwesterly and Westerly along said curve through a central angle of 90 16 44' an arc distance of 23.63 feet to the beginning of a reverse curve con- cave Northeasterly and having a radius of 95.50 feet; thence Westerly and Northwesterly along said reverse curve through a central angle of 23 41' 21" an arc distance of 39.48 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 95.50 feet; thence Northwesterly and Westerly along a portion of said reverse curve through a central angle of 24 03' 11" an arc distance of 35.54 feet to the Northwest corner of said Tract 3247; thence South 0 18' 40" East along a portion of the West line of said Tract 3247, a distance of 37 feet to the point of beginning. PARCEL NO. 2: Beginning at the Northeast corner of Lot 21 of Tract 3247, as shown on a Map recorded in Book 98, pages 4, 5 and 6 of Miscellaneous Maps, records of Orange County, California; thence South 89 34' 06" West along the North line of said Lot 21, a distance of 83.08 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 17 feet; thence Westerly and Southerly along said curve through a central angle of 89 45' 16" an arc distance of 26.62 feet to an intersection with a line parallel with and 30 feet Easterly, as measured at right angles from the center line of Dallas Drive, 60 feet wide, as shown on the Map of said Tract 3247; thence North 0 09' 10" West along the last mentioned parallel line a distance of 20.23 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 14.83 feet; thence Northerly and Easterly along said curve through a central angle of 89 43' 16" an arc distance of 23.23 feet to an intersection with a line parallel with and 30 feet Southerly, as measured at -3- AND BE IT FUI,THE 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 kecorder of Orange County, California. THE FOREGOING RESOLUTION is approved and signed by me this 4th day of November 1964. ATTEST: CIT right angles from the center line of Cerritos Avenue; thence North 89 36' 04" East along the last mentioned parallel line a distance of 165.94 feet, more or less, to the beginning of a tangent curve concave Southwesterly having a radius of 15.31 feet; thence Easterly and Southerly along said curve through a central angle of 90 16' 44' an are distance of 24.12 feet to an intersection with a line parallel with and 30 feet Westerly, as measured at right angles from the center line of Bettes Place, as shown on the Map of said Tract 3247; thence South 0 09' 10" East along the last mentioned parallel line a distance of 22.10 feet to a point, said point being the beginning of a tangent curve concave Southwesterly and having a radius of 17 feet; thence Northerly and Westerly along said curve through a central angle of 90 16' 44" an arc distance of 26.79 feet to an intersection with the North line of Lot 20 of said Tract 3247; thence South 89 34' 06 West along the North line of Lot 20 of said Tract 3247, to the point of beginning. EXCEPTING AND RESERVING THEREFROM unto the City of Anaheim a public utility easement, including, but not limited to electric power poles, power line and cross-arm overhang purposes, electrical and telephone facilities, over, under and across the Westerly five (5) feet of Parcel No. 1 above described. 5. That it finds that an easement for public utility purposes over, under and across the westerly five (b) feet of Parcel No. 1 above described should be reserved. 6 That it does hereby order that an easement for public utility purposes, including, but not limited to, electric power poles, power line and cross-arm over- hang, electrical and telephone facilities, be reserved over, under and across the westerly five (5) feet of Parcel No. 1 above described. LERK OF THE CITY OF .ADAHEIM -4- 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. 64R -794 was introduced and adopted at a regular meeting provided by law, of the City Council of the. City of Anaheim, held on the 4th day of November, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Klein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -794 on the 4th day of November, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 4th day of November, 1964. (SEAL) CITt CLERK OF THE CITY OF ANAHEIM