59R-5045
RESOLUTION NO. 5045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDEHING ThE VACATION AND ABANDON-
MENT OF JU~ EASE~ENT FOR PUBLIC UTILITY PURPOSES
UPON, ALONG, OVEH AND THROUGH THE HEREINAFTER
DESCRIBED HEAL PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
27th day of January, 1959, pass its Ordinance No. 1326,
entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE
INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON AN EASE-
MENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER AND
THROUGH THE HEREINAFTER DESCRIBED REAL PROPEHTY, FIXING A
TIME AND PLACE FOR A HEARING THEREON ;DlRECTING THE POSTING
OF NO'rICES 'rHEREOl<' AND THE PUBLICATION OF THIS ORDINANCE,II
whereby it declared its intention to vacate and abandon and
close to public use an easement for public utility pnrposes
upon, along, over and through the following described prop-
erty situated in the City of Anaheim, County of Orange, State
of California, to wit:
A ten foot strip of land located in the City of
Anaheim, County of Orange, State of California,
being a portion of Tract No. 1843, as shown on a
map in Book 53, Pages 45 and 46 of Miscellaneous
Maps in the office of the County Recorder of said
County, more particularly described as follows:
The Northerly 5 feet of Lot 17 and the Southerly
5 feet of Lot 16 of said Tract No. 1843;
under the provisions of the Public Service Easement Vacation
Law, ritle 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
WF~REAS, said City Council did by said Ordinance fiz
the 17th day of February, 1959, at 7:00 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 ease-
ment 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 5th day
of February, 1959, in the Anaheim Gazette, a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, Orange County, California; and
~~REAS, 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-
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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, Myron C. Suckut did on the 6th day of
February , 1959, post conspicuously three (3) such notices,
which notices were posted not more than~ feet apart, and were
posted along the line of said easement at least ten (10) days
before said hearing; and
WHEREAS, said City CouDcil did on the 17th day of February,
1959, at 7:00 o'clock 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 unnec-
essary 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, TtlEFEFORE, 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 Ordin-
ance is unnecessary for present or prospective public purposes;
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. 1326 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:
~
A ten foot strip of land located in the City of
Anaheim, County of Orange, State of California,
being a portion of Tract No. 1843, as shown on
a map in Book 53, Pages 45 and 46 of Miscellaneous
Maps in the office of the County Recorder of said
County, more particularly described as follows:
The Northerly 5 feet of Lot 17 and the Southerly
5 feet of Lot 16, of said Tract No. 1843.
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A~D BE IT ?JRTHER 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 FOREGOI~G RESOLUTION is approved and signed by me
this 17th day of February, 1959.
A'rTEST :
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CITY CLERK OF THE CITY OF ANAHEIH
S'rA'rE 00' CALIFOl"iNIA
COUNTY OF OEAl~GE ss.
CITY OJ.<' Al~AHEIM
I, DENE M~WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution was introduced
and adopted at an adjourned regular meeting provided by law of
the City Council of the City of Anaheim, held on the 17th day of
February, 1959, by the following vote:
AYES:
COUNCIUJi8N: Borden, Coons, Fry, Pearson and Schutte
NOES:
COUNC.LL!'IEN: None
ABSENT:
COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 17th day of
February, 1959.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 17th day
of February, 1959.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAl.,)
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