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Resolution Number 84-11-20-4RESOLUTION NO. 84-11-20-4 " `9 INTENT TO VACATE A PORTION OF CALLE MIRAMAR A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CALLE MIRAMAR AT THE INTERSECTION OF AVENIDA PESCADOR WHEREAS, Tract 9784 (Connemara By The Sea), in the City of San Juan Capistrano, California, reconstructed and realigned Calle Miramar to create an intersection with Avenida Pescador; and, WHEREAS, the City of San Juan Capistrano has regraded and landscaped the unused street right-of-way to adjoin it with residential Lots 58 and 59 of Tract 8087; and, WHEREAS, the City Council finds and determines that a portion of the aforesaid street can be properly vacated. NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council does hereby declare its intention to vacate and close to public use a portion of Calle Miramar at Avenida Pescador more particularly shown on the map on file in the City Clerk's Department, and a copy of which is attached hereto, excepting therefrom a perpetual nonexclusive easement and right-of-way for water and gas transmission purposes, including specifically, but not by way of limitation, the right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, relocate and otherwise use water pipeline or pipelines, gas pipeline or pipelines, together with incidental appurtenances, connections and structures and other necessary easements for ingress and egress and public utility purposes, and elects by this Resolution to proceed under the provisions of the Streets and Highways Code, Division 9, Part 3, Section 8320 et seq. 2. A hearing shall be held on the 8th day of January, 1985, at the hour of 7:00 P.M. in the Chamber of the City Council of the City of San Juan Capistrano, located at 32400 Paseo Adelanto, at which time all persons interested in or objecting to these proceedings shall be heard. 3. This Resolution shall be posted in the duly designated posting places within the City of San Juan Capistrano not less than fifteen (15) days prior to the aforesaid hearing date and published for at least two (2) successive weeks prior to the hearing. -1- November ATTEST: 4. At least three (3) of said notices of street vacation shall be placed not more than 300 feet apart and posted conspicuously along the line of the aforesaid street proposed to be vacated at least two (2) weeks before the date set for hearing. PASSED, APPROVED AND ADOPTED this 20th day of 1984 , by the following vote, to wit: AYES: Councilmen Friess, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Bland and Schwartze r- 1)'Le,eetz— Y L HAU DORFER, MAYO CITY CLERK/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 84-11-20-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of November , 1984. (SEAL) - MARY ANN ,�A OVER, CITY CLERK -2- x3 STATE OF CALIFORNIA ) -71 COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California, RESOLUTION NO. 84-11-20-4 , being: INTENT TO VACATE A PORTION OF CALLE MIRAMAR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF CALLE MIRAMAR AT THE INTERSECTION OF AVENIDA PESCADOR was published in the Capistrano Valley News newspaper on December 20 1984, and December 27 , 1984, and in further compliance with City Resolution No. 83-12-20-3, on November 21 , 1984 , she caused said Resolution to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. MARY ANN OVER, CITY CLERK San Juan Capistrano, California -3-