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63-0954RESOLUTION NO. 63R 954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF WATER STREET AND AN EASEMENT FOR STREET PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING ALL EXISTING UNDERGROUND DRAINAGE FACILITIES, WATER PIPE AND WATER DISTRIBUTION BOXES IN AND ON SAID WATER ALLEY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 12th day of November, 1963, pass its Resolution No. 63R -901, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF WATER STREET AND AN EASEMENT FOR STREET PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RE- SERVING ALL EXISTING UNDERGROUND DRAINAGE FACILITIES, WATER PIPE AND WATER DISTRIBUTION BOXES IN AND ON SAID WATER ALLEY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POST- ING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use a portion of Water Street and an easement for street 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 did further declare its intention to reserve all existing underground drainage facili- ties, water pipe and water distribution boxes in and on said water alley; 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 Water Street and easement for street purposes and said reservation of all existing underground drainage facilities, water pipe and water distribution boxes in and on said water alley; and WHEREAS, said City Council did by said resolution fix the 3rd day of December, 1963, at 3:00 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 vaca- tion, abandonment and closing to public use of said portion of Water Street and easement for street purposes, for all persons interested in or objecting to such proposed vacation, abandon- ment and closing to public use to appear and show cause, if any they had, why such portion of street and easement for street purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 21st day of November, 1963, 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 street and easement for street purposes be posted conspicuously along the line of said portion of street 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; and WHEREAS, Donald R. O'Donnell did on the 22nd day of November, 1963, post conspicuously not less than three (3) such notices along the line of said portion of street 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 3rd day of December, 1963, at 3:00 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of street and easement for street 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 sub- mitted that said portion of street and easement for street purposes described in the Resolution of Intention and herein- after described, are unnecessary for present or prospective street purposes and that an order vacating and abandoning such portion of street and 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 Water Street and easement for street purposes described in said resolution are unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of Water Street and easement for street purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said portion of street and easement herein ordered vacated, abandoned and closed to public use are that certain portion of Water Street and easement described in said Resolution No. 63R -901, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: All of that portion of Water Street, being a 16.50 foot water alley, lying between the West half of the Vineyard Lots G -1 and H -1, as shown on a Map thereof recorded in Book 4, pages 629 and 630 of Deeds, records of Los Angeles County, California. 5. That it finds that all existing underground drainage facilities, water pipe and water distribution boxes in and on said water alley should be reserved. 6. That it does hereby order that all existing underground drainage facilities, water pipe and water distribution boxes in and on said water alley above described be reserved, together with the right to maintain, repair, replace and inspect same and use same for the transportation and distribution of water, and ingress and egress to same whenever it is reasonably necessary to exercise said reserved rights. 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 3rd day of December, 1963. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF ANAHEIM NOES: COUNCILMEN: None 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 3rd day of December, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte and Coons ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMAN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of December, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of December, 1963.