66-276RESOLUTION NO. 66R- 276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE
AND ABANDON THAT PORTION OF AN EASEMENT AND
RIGHT OF WAY FOR UNDERGROUND PIPE LINE PUR-
POSES, TOGETHER WITH NECESSARY APPURTENANCES,
UPON, ALONG, UNDER, OVER AND THROUGH THE
HEREINAFTER DESCRIBED REAL PROPERTY; FIXING
A TIME AND PLACE FOR A HEARING THEREON; DIR-
ECTING THE POSTING OF NOTICES THEREOF AND THE
PUBLICATION OF THIS RESOLUTION.
WHEREAS, a request has been made for the abandonment
of that portion of an easement and right of way to construct,
reconstruct, install, maintain, repair, enlarge and replace
an underground pipe line, with necessary desirable appurte-
nances, including, but not limited to, concrete breather stands
and irrigation lines, upon, along, under,over and through the
property hereinafter described; and
WHEREAS, the City Council does elect to proceed
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 and right of way for under-
ground pipe line purposes, together with necessary appurtenances.
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 easement and right of way to construct, reconstruct, install,
maintain, repair, enlarge and replace an underground pipe line,
with necessary desirable appurtenances, including, but not
limited to, concrete breather stands and irrigation lines,
upon, along, under, over and through the following described
property situated in the City of Anaheim, County of Orange,
State of California, to wit:
That portion of an existing perpetual easement and right
of way to construct, reconstruct, install, maintain,
repair, enlarge and replace an underground pipe line with
necessary desirable appurtenances, including, but not limi-
ted to, concrete breather stands and irrigation lines,
conveyed to the Anaheim Union Water Company by deed recorded
June 10, 1952 in Book 2341, page 41 of Official Records of
Orange County, California, and deed recorded February 29,
1916 in Book 281, page 126 of Deeds, records of Orange
County, California, and quitclaimed to the City of Anaheim
by deed recorded September 9, 1965 in Book 7235, page 256
of Official Records of Orange County, California, described
as follows:
PARCEL ONE: That portion of said easement lying within
Tract No. 1451, as shown on a Map recorded in Book 50,
pages 28 and 29 of Miscellaneous Maps, records of Orange
County, California.
PARCEL TWO: That portion of said easement lying within
Tract No. 1428, as shown on a Map recorded in Book 47,
page 9 of Miscellaneous Maps, records of Orange County,
California.
-1-
PARCEL THREE: That portion of said easement lying 16.50
feet on each side of a line parallel with the Easterly
prolongation of the Southerly line of the Easterly 34.16
feet of Lot 95 of Tract No. 1451, as shown on the Map
recorded in Book 50, pages 28 and 29 of Miscellaneous
Maps, records of Orange County, California, to an inter-
section with the West line of Placentia Avenue, as shown
on the Map of said Tract, said point of intersection being
the point of terminus of the line herein described.
and that it does elect to proceed 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 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 and right of way; and
BE IT FURTHER RESOLVED that a time and place for hear-
ing all persons interested in or objecting to the proposed vaca-
tion and abandonment shall be fixed not less than fifteen (15)
days from the date of the passage of this resolution. That the
3rd day of May 1966, at 1 :30 o'clock P.M., in
time Council Chamber in the City 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 and right of way, for all per-
sons 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 right of
way 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 right
of way and the use thereof for the purposes herein mentioned
shall be posted conspicuously along the line of said portion
of easement and right of way 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. 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 right of way; and
BE IT FURTHER RESOLVED that proof of publication of
any notice required by this resolution shall be made by affida-
vit 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
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.
-2-
THE FOREGOING RESOLUTION is approved and signed by
me this tl._' d.= y of April 9 19.
(SEAL)
ATTEST:
CLERK F 4 CITY OF ANAHEIM
AND I FURTHER CERTIFY that the Mayor
Anaheim approved and signed said resolution on
April 19 66
IN WITNESS WHEREOF, I have hereunto
affixed the seal of the City of An =heim this
April 19 66
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
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 t, y., achy of April 19��, by the follow-
ing vote of t members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Chandler
of the City of
the rah' of
set my hand and
12th day of
I CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 66R -276, duly passed and adopted by the Anaheim City Council on
April 12th, 1966.
City Clerk