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66-207 - RESOLUTION NO. 66R- 66R-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER- ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL "PROPERTY. - WHBREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 1st day of March, 1966, pass its Resolution No. 66R-159 entit- led "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 PROP- ERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate, aban- don and close to public use that portion of a former Anaheim Union Water Company right of way easement over, across, along and through the hereinafter described property under the provi- sions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and wmREAS, 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 bf said resolution fix the 22nd day of March, 1966, at 1:30 0 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 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, why such portion of easement and the use thereof for public purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 10th day of March, 1966, 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, ani that not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 10th day of March, 1966, post conspicuously not less than three (3) such notices along the line of said portion of easement, which noti- ces were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- - WHEREAS, said City Council did on the 22nd day of March, 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 said hearing 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 unneces- sary for present or prospective public purposes, and that an order vacating andSbandoning such portion of easement as des- cribed in the Resolution of Intention and hereinafter described should be made. .- NOWI!. THEREFORE, BE IT RESOLVED by the City Council of the City 01: 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 unnecessary 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. 66R-159, is situa- ted in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That .portion of a former Anaheim Union Water Company right of way located in the City of Anaheim, County of Orange, State of California, acquired by the City of Anaheim by quitclaim deed recorded September 25, 1964 in Book 7235, page 256 of Official Records of said Orange County, California, lying within the following described parcel of land: Lot 52 of Tract No. 3390, as shown on a Map recorded in Book 144, pages 3 to 6, inclusive, of Miscellaneous Maps, records of Orange County, California. 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 -2- .- me this THE rOREGOING RESOLUTION is .pproved and signed by 22nd day of MArch , 19-AR-. ATTEST: ~ : ''-. / ;'--;-- . . tit'~iiA~tM STATE or CALIFORNIA COUNTY or ORANGE CITY or ANAHEIM ~ ) SSe 1, DERE 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 22n~ day of March ,l9..&!-, by the follow- ing vote of the me ers thereof: AYES: NOES: COUNCILMEN: Dutton, Pebley, Schutte and Krein COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said' resolution on the 22nd day of March , 19~. IN WITNESS WHERE or , I have hereunto set my hand and . affixed the seal of the City of Anaheim this 22nd day of March , 19..!l... ('--~\ ~~..~ '., /?(. ~;'~ RK or. M (SEAL) , .-. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-207 duly passed and adopted by the Anaheim City Council on March 22, 1966. ........... \ "-, 'b{--J,t ~". ~ -.....--.- , I. . ~<-e&. .~......~ ~ CITY CLERK