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66-052 RESOLUTION NO. 66R- 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING A PUBLIC UTILITY OVER- HANG EASEMENT FOR ELECTRIC POWER LINES AND CROSS-ARMS OVER, ACROSS, ALONG AND 'l'HROUGH SAID PROP;ER.TY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION . WHEREAS, a request has been made for the abandonment of a portion of an easement for road and public utility purposes upon, over, across, along and through the hereinafter described property; and WHEREAS, the City Council of the City of Anaheim does elect to proceed under the provisions of the Street Vacation Act of 1941, to abandon or vacate said portion of easement for road purposes and under the provisions of the PUblic Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, to abandon said portion of easement for public utility purposes; and WHEREAS, the City Council does declare that it intends to reserve a public utility overhang easement for electric power lines and cross-arms over, across, along and through said prop- erty. .- 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 portion of an easement for road and public utility purposes upon, over, across, along and through the following described property situated in the City of Anaheim, County of Orange, State of California: That portion of an existing road and public utility ease- ment located in the City of Anaheim, County of Orange, State of California, acquired by the City of Anaheim, by easement deed recorded April 13, 1962 in Book 6075, page 307 of Official Records of Orange County, California, des- cribed as follows: Commencing at the Southwest corner of the Southwest quarter of Section 24, Township 4 South, Range 10 West, S.B.B. & M., said Southwest corner, for the purpose of this description being the centerline intersection of Katella Avenue and State College Boulevard (formerly known as Placentia Ave- nue); thence Easterly along the centerline of said Katella Avenue a distance of 86.07 feet; thence Northerly along a line parallel with the centerline of said State College Boulevard to an intersection with a line parallel with and 60.00 feet Northerly, as measured at right angles from the centerline of said Katella Avenue; thence Westerly along the last mentioned parallel line a distance of 8.13 -1- - feet to the beginning of a tangent curve concave Northeast- erly ~nd having ~ radius of 25 ~eet; the point of beginning of sa1d curve be1ng the true p01nt of beginning .of the here- inafter described parcel of land thence Westerly and North- erly along said curve through a central angle of 890 51' 49" an arc distance of 39.21 feet to an intersection with a line parallel with and 53.00 feet Easterly as measured at right angles from the centerline of said State College Boulevard; thence Northerly tangent to said curve along the last mentioned varallel line a distance of 22.00 feet; thence South 340 59 261f East a distance of 57.46 feet to an intersection with a line parallel with and 60.00 feet Northerly as measured at right angles from the centerline of the aforementioned Katella Avenue; thence Westerly along the last mentioned parallel line a distance of 8.13 feet to the true point of beginning. and that it does elect to proceed under the provisions of the Street Vacation Act of 1941, and 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 the City Council does hereby further declare that it intends to reserve a public utility over- hang easement for electric power lines and cross-arms over, across, along and through the real property hereinbefore described; 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 closing to public use of said portion of easement for road and public utility purposes, and said reservation of said public utility overhang easement. - 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 15th day of February , 1966, at 1: 30 P.M. in the Councl1 Chamber in the Clty 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 portion of easement for road and 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 portion of 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 portion of easement and the use thereof for the purposes herein mentioned shall be posted con- spicuously along the line of said portion of 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 along the line of said portion of easement proposed to be vacated and abandoned. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said portion of easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affi- davit 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 the facts regarding such posting; and -2- this 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 circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me 25th day of January, 1966. 0/7 ~)-:, ~~~~~~~ ",-:-.- ," C ".~ (~.. THE err ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DEN! 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 25th day of January , 1966, by the following vote of the members thereo:r: AYES: NOE S : ABSENT: COUNCI~: Dutton, Pebley, SChutte, Chandler and Krein COUNCILMEN: None COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 25th day of January ,1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of January ,1966. ~~)~~IM (SEAL) - I, DENE M. WILLIAMS, City Clerk of toe City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-52 duly passed and adopted by the Anaheim City Council on January 25, 1966. r-"\ I.' J ~~~ "-;. ~J 9--.", . .hf. ...2/ -~4...~ CITY CLERK -3- ..~_. .. ....._~._--