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58R-4595 -- -- RESOLUTION lliO. 4595 ~ A RESOLUTION OF 1'hb CI'l"{ COUNCIL OF TEE CITY OF ANAHE1P! ORDERIJG THE VACATION AND ABANDON- l1EET OF' AN EASEMEN'l' F'ori SEifER PURPOSES UPON, ALONG, OVER AND 'YriROUGH 'rIfE IiliREINAFTER DESCRIBED REAL PROPERTY. k.rrJEREAS, the City Council of the City of Anaheim, a Municipal Gorporation of the State of California, did on the 27th day of May, 1958, pass its Ordinance No. 1244, entitled "AN ORDINANCE 01<' 'FETE CITY Oi" ANAHEIM DECLARING THE INTENTION OF '__'Hi, CITY COUNCIL 'fO VACATE AND ABANDOH AN EASEIvIENT FOR SEWER PURPOSES UPON, ALONG, OVER AJ'WrHROTJGH THE HEREIhAFTER DESCRIBED REAL l-rlO"ERTY; .b'IXING A TINE Mill PLACE FOR A HEAR- ING TF~REON; DIRECTING 'I'Iili POSTING OF NO'rICES 'YtIEhEOF AND THE PUBLICATION OF THIS ORDLANCE; AND REPEALING ORDINANCE NO. 1239," whereby it declared its intention to vacate and abandon and close to public use an easement for sewer purposes upon, along, over and through the following described property situ- ated in the City of Anaheim, County of Orange, State of Calif- ornia, to wit: A strip of land eight feet wide located in the City of Ananeim, County of Orange, .state of California, which is aescribed in Deed No. 15463, recorded on December 19, 1911, and filed in Book 204, Page 216 of Deeds in the office of the County Recorder of said Orange County, the center line of said strip being described as follows: 3eginning at a point 1321 feet westerly of the ciortheast corner of iJection 20, ;l'ownship 4 South, Ran.~e 10 West, S.B.B.&N., said point being in the monumented center line of Ball Road; thence, Southwest 937.6 feet; tnence, West 996 feet; thence, Southwest 944 feet to a point 334 feet east of the Northwest corner of the Southeast Quarter (SEt) of the Northwest Quarter (l~~) of said Section 20; under the provisions of the Public Service Easement Vacation Law,ritle 5, Division 1, Article 5 of the Government Code. ANDW1:fERBAS, the City Council in said Ordinance referred to a map on file in the Office of the City Clerk for furtber particulars as to the proposed vacation, abandonment and closLng to public use of said easement for sewer purposes; and ~ WHBREAS, said City Council did by said Ordinance fix the 17th day of June, 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, aban- donment and closin<:'; to public use of said easement for sewer 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 sewer purposes sho"1d not be vacated, abandoned and closed to public use; and -1- ,- - ",-. ,villiHbAS, said Ordinance was p'lblished on the 3rd day of June, 1958, in the Anaheim 3ulletin, a newspaper of general circulation, pri, ted, published and circulated in the City of Anaheim, Oran?,e County, California; and \vrlEH;AS, by said Ordinance said City Council directed that notices of the passage of said Ordinance and of the time and place of the hearin on tue matter of the vacation, aban- donment and closinc to pllblic use of said easement for sewer purposes be posted conspicuously alon,,: the line of said ease- ment, not more than 300 feet apart, at least ten (10) days before said hearing, and that no'c less than three (3) such notices should be posted; and \iliEREAS, Robert Aguilera did on the 6th day of June, 1958, post conspic1J.ously not less than three (3) such notices, which notices were posted not more than 300 feet apart, and were posted alone: the line of said easement at least ten (10) days before said hearing; and \vIfEHEAS, said Ci ty Gounc il did on the 17th day of June, 1958, at 7:00 o'clock i.I'., at s2.1d City Hall, conduct a public hearing on the matter of wnetuer said easement for sewer purposes, hereinafter described, should be vacated, abandoned and closed : to public use, and at said hearin" did hear evidence thereon; and llliERl.;AS, the City Council finds from all the evidence submitted that said easement for sewer purposes described in r;he OrdiDance of Intention and herej.nafter described, is un- necessary for present or prospect:L ve public sewer purposes, and that an order vacatin,! and abandoninFc s'.!ch easement for sewer purposes as described in the Ordinance of Intention should be made. NOW, 'rliEREFORE, 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 sewer purposes described in said Ordinance is unnecessary for present or prospective public purposes; 3. 1'hat it does hereby order that said easement for sewer purposes be, and it is hereby, vacated, abandoned and closea to public use; ,-' 4. That said easement herein ordered vacated, abandoned and closed to public use is that described in said Ordinance No. 1244, and is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: An easement for sewer purposes upon, along, over and through the following described property, to wit: A strip of land eight feet wide located in -2- - --.. ....., the City of Anaheim, County of Orange, State of California, which is described inDeed ,No. 15463, recorded on December 19,1911, and :filed in Book 204, Page 216 of Deeds in the Office of the County Recorder of' said Orange County, the center line of said strip being described as follows: Beginning at a point 1321 fleet westerly of the Northeast corner' of Section 20, 'i'ownship 4 South, Range 10 West, S.B.B.&M., said point being in the monumented center line of Ball Road; thence, Southwest 937.6 feet; thence, West 996 feet; thence, Southwest 944 feet to a point 334 feet east of the Northwest corner of the Southeast Quarter (SE,j;) of the l\jorthwest Quarter (I~W'4) of said Section 20. AND BE 11' 8'URT1JEh 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. this THE?OREGOI1G RESOLUTION is approved and signed by me 17th day of June, 1958. //~:/~ ~ ~~~~"- AT~'r: . ~~.~~ CITY CLE K OF 'r C TY OF ANAHEIM r -3- - STATE OF CALIFGi(NlA ) COUNTY OF ORANGE ) ss. CITY UF 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 17th day of June, 1958, by the following vote: AYES: COUNCI~~: Pearson, Borden, Fry and Coons NOES: COUNCILMEN: None ABSENT: COUNCI1MEN:.Sahutte. AND I FURTHER CERfIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 17th day of June, 1958. Il~ WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of June, 1958. L~'~. CITY CLERK OF THE CIT! OF AN.AHEIM (SEAL) "', li.