58R-4613
RESOLUTION NO. 4613
A RESOLU'l'ION 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
11th day of June, 1958, pass its Ordinance No. 1249, entitled
"AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF
THE CITY COUNCIL TO VACATE AND ABANDmT AN EASEMENT FOR PUBLIC
UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER
DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A REARING
THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLI-
CATION OF THIS ORDINANCE," 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 Northerly 6 feet of Lots 1, 2 and 3, all
of Tract No. 3008, as shown on a map filed
in Book 94, Page 1 of Miscellaneous Maps, in
the office of the County Recorder of said
Orange County, California;
EXCEPTING THEREFROM the Westerly 5 feet of the
Northerly 6 feet of said Lot 3,
under the provIsions of t~e Public Service Easement Vacation Law,
Title 5, Division 1, Article 5 of the Government Code.
AND vffiEREAS, 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 sald 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 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 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 26th day
of June, 1958, in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, Orange C oun ty, C aliforni a; 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
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WHEREAS, Robert J. Avila did on the 21st day of June,
1958, post conspicuously three (3) such notices, 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 1st day of July,
19.58, 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 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.
Nm.;, THEREFORE, BE IT RESOLVED by the City C ounc 11 of
the City of Anahei~:
1. filat 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 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. 1249, 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 Northerly 6 feet of Lots 1, 2 and 3, all of
Tract No. 3008, as shown on a map filed in Book
94, Page 1 of Miscellaneous Maps, in the office
of the County Recorder of said Orange County,
California;
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EXCEPTING THEREFROM the Westerly .5 feet of the
Northerly 6 feet of said Lot 3.
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.
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THE FOREGOING RESOLUTION is approved and signed by me
this 1st day of July, 1958.
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MA ROTHE CITY OF ANAHEIM
ATTEST:
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THE C 0 A AHEIM/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S8.
CITY 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 Ci~J Council of the Ci ty of Anaheim, held on the 1st day of
July, 1958, by the following vote:
AYES:
C OUNC ILMEN : Pearson, Borden, Fry, Schutte and Coons
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 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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