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63-0286RESOLUTION NO. 63R- 286 A RESOLUTION 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 26th day of March, 1963, pass its Resolution No. 63R -237 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT 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 RESOLUTION," whereby it declared its intention to vacate, abandon and close to public use an easement for public utility purposes upon, along, over and through the hereinafter described property, 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 resolution re- ferred 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;and WHEREAS, said City Council did by said resolution fix the 16th day of April, 1963, at 3 :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 personsinter- ested 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 resolution was published on the 4th day of April, 1963, 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 resolution said City Council di- rected 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 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 not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 4th day of April, 1963, post conspicuously not less than three (3) such notices along the line of said easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 16th day of April, 1963, at 3 :00 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public -1- hearing on the matter of whether said easement for public util- ity purposes, hereinafter described, should be vacated, aban- doned and closed to public use, and at said hearing, did hear evidence thereon; and WHEREAS, the City Council finds from all of the evi- dence submitted that said easement for public utility purposes described in the Resolution of Intention and hereinafter des- cribed, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such ease- ment for public utility purposes as described in the Resolution of Intention should be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That in this resolution 2. That that said easement said resolution is lic purposes; AT I ST: iL CITY LERK OF THE CITY OF ANAHEIM it finds the recitals hereinabove set forth to be true; it finds from all the evidence submitted for public utility purposes described in unnecessary for present or prospective pub- 3. That it does hereby order that said easement for public utility purposes be, and it is hereby, vacated, aban- doned and closed to public use; 4. That said easement herein ordered vacated, aban- doned and closed to public use is that certain easement des- cribed in said Resolution No. 63R -237, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: The Northerly five (5) feet of the Westerly 234.82 feet of Lot One (1) of Tract No. 4408, as shown on a Map recorded in Book 159, Pages 37 and 38 of Miscellaneous Maps, records of Orange County, California. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certi- fied 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 FOREGOING RESOLUTION is approved and signed by me this 16th day of April, 1963. -2- C OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -286 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 16th day of April, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein 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 No. 63R -286 on the 16th day of April, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 16th day of April, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM