58R-4614
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RESOLUTION NO. 4614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
RENT OF THAT PORTION 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
11th day of June, 1958, pass its Ordinance No. 1250, entitled
n AN ORDINANC E OF THE CI TY OF ANAHEIM DECLARING THE INTENTION OF
THE CITY COUNCIL TO VACATE AND ABANDON THAT PORTION OF AN EASE-
MENT 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 PUBLICATION OF THIS ORDINANCE," whereby it declared its
intention to vacate and abandon and close to public use that
portion of an easement for public utility purposes upon, along,
over and ~~rough the following described property situated in
the City of An&~eim, County of Orange, State of California, to
wi t:
The Northerly 8 feet of the Easterly 165 feet
of Lot 1 and the Southerly 5 feet of the
Easterly 225 feet of Lot 14 of Tract No. 3248,
all as shown on a map filed in Book 99, Pages
31 and 32 of Miscellaneous Maps, in the office
of the County Recorder 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 portion of an easement for public utility
purposes; and
WHEREAS, said City Council did by said Ordinance fix
the 1st day of July, 1958, at 7:00 o'clock P.M., in the Council
Chamber, in the City Hall of ~le 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 an 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
portion of an easement for public utility purposes should not be
vacated, abandoned and closed to public use; and
WHEREAS, said Ordinance was published on the 20th day
of June, 1958, 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 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 portion of an easement for
public utility purposes be posted conspicuously along the line of
said portion of an 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
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WHEREAS, Robert J. Avila did on the 21st day of June,
1958, post conspicuously six (6) such notices, which notices
were posted not more than 300 feet apart, and were posted along
the line of said portion of an easement at least ten (10) days
before said hearing; and
WHEREAS, said City Council did on the 1st day of July,
1958, at 7:00 o'clock P.M., at said City Hall, conduct a public
hearing on the matter of whether said portion of an easement for
public utility purposes, hereinafter described, should be vacated,
abandoned and closed to public use, and at said hearing did hear
evidence ~~ereon; and
WHEREAS, the City Council finds from all the evidence
submi teed that said portion of an easement for public utility
purposes described in the Ordinance of Intention and hereinafter
described, is unnecessary for present or prospective public
utility purposes, and that an order vacating and abandoning
such portion of an easement for public utility purposes as de-
scribed 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 portion of an easement for public utility purposes described
in said Ordinance is unnecessary for present or prospective
public purposes;
3. That it does hereby order that said portion of an
easement for public utility purposes be, and it is hereby, vacated,
abandoned and closed to public use;
4. That said portion of an easement herein ordered
vacated, abandoned and closed to public use is that certain ease-
ment described in said Ordinance No. 1250, and is situated in
the City of Anaheim, County of Orange, State of California, and
is more particularly described as follows:
That portion of an easement for public utility
purposes upon, along, over and through the fol-
lowing described property, to wit:
The Northerly 8 feet of the Easterly 165 feet
of Lot 1 and the Southerly 5 feet of the
Easterly 225 feet of Lot 14 of Tract No. 3248,
all as shown on a map filed in Book 99, Pages
31 and 32 of Miscellaneous Maps, in the office
of the County Recorder of Orange County,
California.
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AND BE IT PORTlIER 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.
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THE FORIDOING RESOLUTIon is approved and signed by me
this 1st day of July, 1958.
t/' '~~
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~F THE OF ANAHEIM-
ATTEST:
~ '~~.
J .. / . I
~L~fOF ~E~FANAiIEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI TY OF ANAHEIM )
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 1st day of
July, 1958, by the following vote:
AYES:
COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons
NOES: COUNCIU1EN: None
ABSENT: COUNCILMEN: ~one
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 1st day of
July, 1958.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 1st day of
July, 1958.
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(SEAL)
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