59R-5576
RESOLUTION NO. 5576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES
UPON, ALONG, OVER AND THROUGH THE HEREINAFTER
DESCRIBED REAL PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
6th day of October, 1959, pass its Ordinance No. 1400, entitled
"AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF
THE CITY COUNCIL TO VACATE AND ABANDON AN EASEMENT FOR PUBLIC
UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER
DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING
THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLI-
CATION OF THIS ORDINANCE, n whereby it declared its intention to
vacate and abandon and close to public use an easement for public
utility purposes upon, along, over and through the following
described property situated in the City of Anaheim, County of
Orange, State of California, to wit:
The Southerly 6 feet of Lots 16, 17 and 18,
inclusive, of Tract No. 3008, as shown on a map
filed in Book 94, Page 1 of Miscellaneous Maps,
Records of Orange County, California,
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 Ordinance 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 easement for public utility purposes; and
WHEREAS, said City Council did by said Ordinance fix
the 27th day of October, 1959, at 7:00 o'clock P.M., in the
COllnc i1 Chamber, in the City Ha 11 of the City of Anahe im 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 had, why such easement for
public utility purposes should not be vacated, abandoned and
closed to publiC use; and
'WHEREAS, said Ordinance was published on the 15th day
of October, 1959, in the Anaheim Gazette, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, Orange County, California; and
WHEREAS, by said Ordinance said City Council directed
that notices of the passage of said Ordinance and of the time
and place of the hearing on the matter of the vacation, abandon-
ment and closing to public use of said easement for public utility
purposes be posted conspicuously along the line of said 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, Vincent L. Tock did on the 15th day of October,
1959, post conspicuously not less than three (3) such notices,
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which notices were posted not more than 300 feet apart, and were
posted along the line of said easement at least ten (10) days
before said hearing; and
WHEREAS, said City Council did on the 27th day of
October, 1959, at 7:00 otclock P.M., at said City Hall, conduct
a public hearing on the matter of whether said easement for public
utility 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 the evidence
submitted that said easement for public utility purposes described
in the Ordinance of Intention and hereinafter described, is un-
necessary for present or prospective public utility purposes,
and that an order vacating and abandoning such easement for public
utility purposes as described in the Ordinance of Intention 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 the evidence submitted that
said easement for public utility purposes described in said
Ordinance is unnecessary for present or prospective public pur-
poses;
3. That it does hereby order that said easement for
public utility purposes be, and it is hereby, vacated, abandoned
and closed to public use;
4. That said easement herein ordered vacated, abandoned
and closed to public use is that certain easement described in
said Ordinance No. 1400, and is situated in the City of Anaheim,
County of Orange, State of California, and is more particularly
described as follows:
An easement for public utility purposes upon,
along, over and through the following described
property, to wit:
The Southerly 6 feet of Lots 16, 17 and 18,
inclusive, of Tract No. 3008, as shown on a map
filed in Book 94, Page 1 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.
THE FOREGOING RESOLUTION is approved and signed by me
this 27th day of October, 1959.
ATTEST:
I
~TY" CLE~I~F THE CrTY'~OF"ANAHEIM
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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 was introduced and
adopted at a regular meeting provided by law of the City Council
of the City of Anaheim, held on the 27th'day of October, 1959,
by the following vote:
AYES:
COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte.
NOES:
COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 27th day of Oc~ober,
1959.
IN WITIJESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the =ity of Anaheim this 27th day of October,
1959.
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1" -t'- L-<Jt(..A._ oJ' - \ . , A /~~/~.~~)
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
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