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70R-184 ,- RESOLUTION NO. 70R-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH 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 24th day of March, 1970, pass its Resolution No. 70R-145, whereby it declared its intention to vacate, abandon and close to public use that portion of an easement for public utility pur- poses upon, along, over and through the hereinafter described property 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 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 portion of easement; and WHEREAS, said City Council did by said resolution fix the 14th day of April, 1970, 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, aban- donment and closing to public use of said portion of easement for 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 portion of easement for public utility purposes should not be vacated, aban- doned and closed to public use; and WHEREAS, said resolution was published on the 2nd day of April, 1970, 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 for the hearing on the matter of the vacation, abandon- ment and closing to public use of said portion of easement for public utility purposes be posted conspicuously along the line of said portion of easement, not more than 300 feet apart, at least ten (10) days before said hearing; and not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 2nd day of April, 1970, post conspicuously not less than three (3) such notices along the line of said portion of 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 14th day of April, 1970, at 1:30 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hearing on the matter of whether said portion of easement for public utility purposes, hereinafter described, should be vacated, abandoned and closed to public use, and at said hearing, did hear evidence thereon; and -1- ... __J,...,-_;:m_ WHEREAS, the City Council finds from all of the evidence submitted that said portion of easement for public utility pur- poses described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such portion of easement for public utility purposes as described in the Resolution of Intention should be made. NOW, THEREFORE, BE IT RESOLVED by the c~ty 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 portion of easement for public utility purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said pqrtion of ease- ment for public utility purposes be, and it is hereby vacated, abandoned and closed to public use; 4. That said portion of easement herein ordered vacated, abandoned and closed to public use is that certain portion of easement described in said Resolution No. 70R-145, is situated in the City of Anaheim, County of Orange, State of California, and is more particu- larly described as follows: That portion of an existing public utility easement located in the City of Anaheim, County of Orange, described in the deed to the City of Anaheim recorded August 13, 1963 in Book 6673, page 420, records of Orange County, California, to be abandoned, described as follows: The westerly 5 feet of the southerly 324.95 feet, as measured ~o the centerline of Lincoln Avenue as dedi- cated, of the West half of the South half of the Southeast quarter of the Southeast quarter of Section 8, Township 4 South, Range 10 West, S.B.B. & M. EXCEPTING THEREFROM the west 3 acres thereof. 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 14th day of April, 1970. ATTEST: ~JoFr~AHEIM -2- -",,,,,,,,,,,,,..,'::._-,',,'. '... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-184 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of April, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-184 on the 14th day of April, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of April, 1970. 4k )y. 7);;;/,-':"-./ TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-184 duly passed and adopted by the Anaheim City Council on April 14, 1970. ~),{, ~ City Clerk ~----'._';-'-'-'"