69R-634
RESOLUTION NO. 69R- 634
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND
ABANDON AN EASEMENT FOR PUBLIC UTILITY PURPOSES
OVER, UNDER AND ACROSS THE HEREINAFTER DESCRIBED
REAL PROPERTY: FIXING A TIME AND PLACE FOR A
HEARING THEREON: DIRECTING THE POSTING OF NOTICES
THEP~OF AND THE PUBLICATION OF THIS RESOLUTION.
WHEREAS, a request has been made for the abandonment of
an easement for public utility purposes over, under and across
the property hereinafter described; and
WHEREAS, the City Council does elect to proceed under
the provisions of the Public Service Easement Vacation Law, Title
5, Division 1, Article 5 of the Government Code, to abandon said
public utility easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that it does hereby declare that it intends to
vacate, abandon and close to public use that certain easement for
public utility purposes over, under and across the following
described property situated in the City of Anaheim, County of
Orange, State of California, to wit:
That certain public utility easement located in the City
of Anaheim, County of Orange, State of California, said
easement is described in the deed to Southern California
Edison Company recorded November 6, 1952 in Book 2400,
page 479, and acquired by the City of Anaheim via final
order of condemnation recorded September 27, 1967 in Book
5826, page 221 of Official Records of Orange County,
California, to be abandoned, described as follows:
That certain portion of the Southeast quarter of the North-
west quarter of Section 23, Township 4 South, Range 10 West,
S.B.B. & M.
All poles shall be erected and maintained within one foot
of the following described line:
Beginning at a point in the Northerly line of said property
of the grantors, distant approximately 100 feet westerly
measured thereon from the southwesterly line of the
Atchison, Topeka and Santa Fe Railway right of way as now
established along the northwesterly side of said Parcel No.1;
thence southeasterly in a straight line 400 feet.
It is understood and agreed that the above line description
is approximate only, it being the intention of the grantors,
by this conveyance, to grant an easement for said electric
line in the location in which said electric line shall be
constructed on and over the above described property.
and that it does elect to proceed under the provisions of the Public
Service Easement Vacation Law, Title 5, Division 1, Article 5 of
the Government Code; and
BE IT FURTHER RESOLVED that reference is hereby made to a
map on file in the office of the City Clerk for further particulars
as to the proposed vacation, abandonment and cloeing to public use
of said easement; and
-1-
"-.c,.>,.."'......._,~"".
-
BE IT FURTHER RESOLVED that a time and place for hearing
all persons interested in or objecting to the proposed vacation
and abandonment shall be fixed not less than fifteen (15) days
from the date of the passage of this resolution. That the 25th
day of ~vemb~r , 1969, at 1:30 o'clock P.H., in the
Council Ch er ~n the City Hall in the City of Anaheim is hereby
fixed as the time and place for a public hearing on the matter
of such vacation, abandonment and closing to public use of said
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 have, why
such easement and the use thereof for the purposes hereinabove
mentioned should not be vacated, abandoned and closed to public
use; and
BE IT FURTHER RESOLVED that notices of such proposed
vacation and abandonment of said easement and the use thereof for
the purposes herein mentioned shall be posted conspicuously along
-the line of said easement at least ten (10) days before the date
set for said hearing. Such notices shall be posted not more than
300 feet apart, and at least three (3) such notices shall be posted.
Such notices shall state the passage of this Resolution of Inten-
-tion and the time and place of the hearing upon the matter of
such vacation and abandonment of said easement; and
BE I'l' FUR'I'HER RESOLVED tha-t proof of publication of any
notice required by this resolution shall be made by affidavit as
provided in the Code of Civil Procedure, and proof of posting of
any such notice shall be made by affidavit of the person posting
the notice, setting forth t.he facts regarding such posting; and
BE IT FURTHER RESOLVED that the City Clerk shall certify
to the passage of this Resolution and shall cause the same to be
published in the manner prescribed by law, in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and circu-
lated in said City of Anaheim.
THE FOREGOING RESOLU'I'ION is approved and signed by me
this 4th day of November, 1969.
ATTEST:
-2-
"-"....~_-.... 1'""
-
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
)
) ss.
)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 69R-634 was intro-
duced 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, 1969,
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. 69R-634 on the 4th day of Nov-
ember, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim thfu4th day of November, 1969.
~)(. ~~~
CI 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.
69R-634 duly passed and adopted by the Anaheim City Council on Nov-
ember 4, 1969. ~
X. ~.~
City Clerk
..."...._'_.~._.._-*_.~.-,^"'"-