66-125
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RESOLUTION NO. 66R- 125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF'lHAT PORTION OF A FORMER ANAHEIM UNION
WATER COMPANY RIGHT OF WAY EASEMENT OVER,
ACROSS, ALONG AND THROUGH THE HEREINAFTER
DESCRIBED REAL PROPERTY.
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WHEREAS, the City Council of the City of Anaheim,
a Municipal Corporation of the State of California, did on the
14th day of December, 1965, pass its Resolution No. 65R-9l3,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF A
FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER,
ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY;
FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE
POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLU-
TION," whereby it declared its intention to vacate, abandon and
close to public use tl:-.at port ion of a former Anaheim Union Water
Company right of way easement over, across, along 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 4th day of January, 1966, 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 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, wby such portion of easement and
the use thereof for public purposes should not be vacated, aban-
doned and closed to public use; and
WHEREAS, said resolution was published on the 23rd day
of December, 1965, in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, Orange County, 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 easement 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 that not less than three (3) such notices should
be posted; and
WHEREAS, Donald R. O'Donnell did on the 23rd day of
December, 1965, 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
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WHEREAS, said City Council did on the 4th day of
January, 1966 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 that portion of a former Anaheim Union
Water Company right of way easement hereinafter described, should
be vacated, abandoned and closed to public use, and at sak1 hear-
ing did hear evidence thereon; and
WHEREAS, the City Council finds from all of the evi-
dence submitted that said portion of easement described in the
Resolution of Intention and hereinafter described, is unnecessary
for present or prospective public purposes, and that an order
vacating and abandoning such portion of easement as described in
the Resolution of Intention and hereinafter described should be
made.
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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 the evidence submitted that
said portion of easement described in said resolution is unneces-
sary for present or prospective public purposes;
3. That it does hereby order that said portion of
easement be, and it is hereby, vacated, abandoned and closed to
public use;
4. That said portion of easement herein ordered vaca-
ted, abandoned and closed to public use is that certain portion
of easement described in said Resolution No. 65R-9l3, is situated
.in the City of Anaheim, County of Orange, State of California,
and is more particularly described as follows:
That portion of the existing Anaheim Union Water Company
right of way (8 feet wide) acquired by deed recorded
May 15, 1896 in Book 24, pages 4 and 5 of Deeds, and
conveyed to the City of Anaheim by Quitclaim Deed re-
corded september 25, 1964 in Book 7235, page 256 of Offi-
cial Records of Orange County, California, located in the
City of Anaheim, County of Orange, State of California,
lying parallel with and eight (8) feet easterly and
southerly of the following described line:
Beginning at the Southwest corner of Tract No. 1599,
as shown on a Map recorded in Book 52, page 24 of
Miscellaneous Maps, records of Orange County, Cali-
fornia; thence North 150 55' 00" West 658.68 feet along
the West line of said Tract No. 1599 to the Northwest
corner thereof; thence North 740 16' 30" East 649.35 feet
along the North line of said Tract No. 1599 and the
Easterly prolongation thereof to an intersection with the
Southerly prolongation of the West line of Orange Street,
as said street is shown on a Map of Survey by William
Hamel recorded in Book 4, pages 629 and 630 of Deeds,
records of Los Angeles County, California, said point of
intersection being the point of terminus of the line
herein above described.
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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.
me this
THE FOREGOING RESOLUTION is -.pproved and signed by
23rd day of February ,19....2L.
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PRO TEM
ATTEST:
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STATE OF CALIfORNIA
COUNTY OF ORANGE
CITY OF ANAHE 1M
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ss.
I, DENE Mo 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 ~3l'd day of February , 19~, by the follow-
ing vote of t e members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley
Pro Tern
AND I FURTHER CERTIFY that the Mayor/of the City of
Anaheim approved and signed said resolution on the ?3l'd day of
Februarv ,19~o
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 23rd day of
Februarv , 19 66.
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Krein
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-~~~tE~OF~O;~HEIM
(SEAL)
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I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 66R-125 duly passed and adopted by the Anaheim City Council on
February 23, 1966. 1->
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CITY CLERK