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1965-525RESOLUTION NO. 65R- 525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF THE OLD ALIGNMENT OF VILLA REAL DRIVE AND A PORTION OF AN EASEMENT FOR SERVICE ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 22nd day of June, 1965, pass its Resolution No. 65R -461, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF THE OLD ALIGNMENT OF VILLA REAL DRIVE AND A PORTION OF AN EASEMENT FOR SERVICE ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREIN- AFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEAR- ING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its inten- tion to vacate and abandon and close to public use a portion of the old alignment of Villa Real Drive and a portion of an ease- ment for service road purposes upon, over, across and along the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council in said resolution referred to a map on file in the Office of the City Clerk for further partic- ulars as to the proposed vacation, abandonment and closing to public use of said portion of the old alignment of Villa Real Drive and said portion of easement for service road purposes; and WHEREAS, said City Council did by said resolution fix the 13th day of July, 1965, 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 portion of the old alignment of Villa Real Drive and said portion of an easement for service road 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 portion of the old alignment of Villa Real Drive and such portion of ease- ment for service road purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 1st day of July, 1965, 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 portion of the old align- ment of Villa Road Drive and said portion of easement for service road purposes be posted conspicuously along the lines of said portion of Villa Real Drive and said portion of road 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 proposed to be abandoned; and -1- WHEREAS, Donald R. O'Donnell did on the 1st day of July, 1965, post conspicuously not less than three (3) such notices along the line of each portion of said drive and road easement proposed to be vacated, 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 13th day of July, 1965, at 1:30 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of Villa Road Drive and said portion of easement for road purposes, hereinafter de- scribed, 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 portion of Villa Real Drive and said portion of easement for road purposes described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospective drive and road purposes and that an order vacating and abandoning such portion of Villa Real Drive and such portion of road 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 the old alignment of Villa Real Drive and said portion of easement for service road purposes described in said resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of the old alignment of Villa Real Drive and said portion of easement for service road purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said portion of Villa Real Drive and said portion of easement herein ordered vacated, abandoned and closed to public use are that certain portion of the old alignment of Villa Real Drive and that certain portion of an easement for service road purposes described in said Resolution No. 65R -461, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Those portions of land allotted to the Heirs of Leandro Serrano in Decree of Partition of the Rancho Santiago de Santa Ana, recorded in Book "B" of Judgments of the 17th Judicial District Court of California, described as follows: PARCEL ONE: That portion of that certain 40 -foot easement conveyed to the City of Anaheim described in Parcel No. 4 in deed recorded in Book 6355, pages 675 through 678, in- clusive, of Official Records of Orange County, California, -2- lying Easterly of that 50 -foot easement conveyed to the City of Anaheim described in Parcel Two in deed recorded April 15, 1965 in Book 7485, page 209 of Official Records of Orange County, California. PARCEL TWO: That portion of that certain 30 -foot easement conveyed to the City of Anaheim described as Parcel No. 6 in deed recorded December 11, 1962 in Book 6355, pages 675 through 678, inclusive, of Official Records of Orange County, California, lying Easterly of that certain 50 -foot easement conveyed to the City of Anaheim in Parcel Two in deed recorded April 15, 1965 in Book 7485, page 209 of Official Records 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 13th day of July, 1965. 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 13th day of July, 1965, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of July, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of July, 1965. (SEAL) AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: -3- 'MAYOR OF THE CITY •F ANAHEIM 1, DENE M. WILLIAMS, CITY CLERK OF THE CITY DO HERESY CEwTII -Y THAT THE FOREGOING I AL OF RESOLUTION NO. �k c sJ' DULY ADO D BY 1HE ANAHEIM CITY COUNCIL ON Dutton, Pebley, Schutte, None None t;ITY CLc tK OF AN.AHE!', TH PA.,c -k u 6 CIrr LERK THetrt A ARETM Chandler and Krein