66-452RESOLUTION NO. 66R- An9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF THAT PORTION OF AN EASEMENT FOR PUBLIC
UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND
THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY;
AND RESERVING A PUBLIC UTILITY OVERHANG EASE-
MENT FOR ELECTRIC POWER LINES AND CROSS -ARMS
OVER, ALONG AND ACROSS SAID PROPERTY.
WHEREAS, the City Council of the City of Anaheim,
a Municipal Corporation of the State of California, did on
the 14th day of June, 1966, pass its Resolution No. 66R -406
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT
PORTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON,
OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY; RESERVING A PUBLIC UTILITY OVERHANG EASEMENT
FOR ELECTRIC POWER LINES AND CROSS -ARMS OVER, ALONG AND
ACROSS SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING
THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND
THE PUBLICATION OF THIS RESOLUTION," whereby it declared its
intention to vacate and abandon and close to public use that
portion of an easement for public utility purposes upon, over,
across, along and through the hereinafter described property
under the provisions of the Public Service Easement Vacation
L a Title 5, Division 1, Article 5 of the Government Code;
WHEREAS, the City Council did further declare its
intention to reserve a public utility overhang easement for
electric power lines and cross -arms over, along and across
said property; 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 for public
utility purposes, and said reservation of said public utility
overhang easement; and
WHEREAS, said City Council did by said Resolution
fix the 5th day of July, 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, abandonment and closing to public use of said portion
of easement for public utility purposes, for all persons
interested in or objecting to such proposed vacation, abandon-
ment and closing to public use to appear and show cause, if
any they had, why such portion of easement for public utility
purposes should not be vacated, abandoned and closed to public
use; and
WHEREAS, said Resolution was published on the 23rd
day of June, 1966, in the Anaheim Bulletin, a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, County of Orange, State of 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, abandonment and closing to public use of said portion
of easement for public utility purposes 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
along the line of said portion of easement; and
WHEREAS, Donald R. O'Donnell did on the 23rd day of
June, 1966, post conspicuously not less than three (3) such
notices along the line of said portion of easement, which
notices were posted less than 300 feet apart, and were posted
at least ten (10) days before said hearing; and
WHEREAS, said City Council did on the 5th day of
July, 1966, at 1:30 O'clock P.M., at said City Hall, conduct
a public hearing on the matter of whether said portion of
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 evidence
submitted that said portion of easement for public utility
purposes described in the Resolution of Intention and herein-
after described is unnecessary for present or prospective road
and public utility purposes and that an order vacating and
abandoning such portion of easement 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 evidence submitted that
said portion of easement for public utility
purposes described in said Resolution is
unnecessary for present or prospective public
purposes;
3. That it does hereby order that said portion of
easement for public utility purposes be, and it
is hereby, vacated, abandoned and closed to
public use.
4. That said portion of easement herein ordered
vacated, abandoned and closed to public use is
that certain portion of easement for public
utility purposes described in said Resolution
No. 66R -406, is situated in the City of Anaheim,
County of Orange, State of California, and is
more particularly described as follows:
ATTEST:
That portion of an existing public utility ease-
ment, upon, over, across, along and through the
following described property:
The Easterly five (5) feet of Lots 43 and 44 of
Tract No. 2022, as shown on a Map recorded in
Book 58, -pages 24 and 25 of Miscellaneous Maps,
records of Orange County, California.
5. That it finds that a public utility overhang ease
Z, latent 'for electric power lines and cross -arms, over,
along and across the property hereinbefore described,
should be reserved.
6. That it does hereby order that a public utility
overhang easement for electric power lines and cross-
arms be reserved over, along and across the property
hereinbefore described.
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 Offic -e of
the County Recorder of Orange County, California.
THE FOREGOING RESOLUTION is approved and signed by
me this 5th day of July, 1966.
THE iCITY OF ANAHEIM
MAYOR OF THE CITY OF A
STATE OF CALIFORNIA
COUNTY OF •ORANCW ss.
CITY OF ANAHEIM
I, RENE M. WILLIAMS, City Clerrk j ef the City of Anaheim,
do hereby certify that the foregoing. Resolution No. 66R -452 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 5th day of July,
1966, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chemdier and Krein
NOES: COUNCILMEN: None
ASSENT: CXNCILMEN: None
AND L "FNRTMER CERTIFY that the Mayor of the City of
Anaheim approved and signed Said Resolution No. 66R -452 on the
5th day of July, 1966
_IN NIITMESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 5th- day of
July, 1966.
(SEAL)
CIT 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 -452 duly passed and adopted by the Anaheim City Council on
July, 1966.
City Clerk