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63-0654RESOLUTION NO. 63R -654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF AN EASEMENT FOR PIPE LINE AND INCI- DENTAL 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 16th day of July, 1963, pass its Resolution No. 63R -596 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR PIPE LINE AND INCIDENTAL 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 RESO- LUTION," whereby it declared its intention to vacate, abandon and close to public use an easement for pipe line and inci- dental 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 6th day of August, 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 pipe line and incidental 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 pipe line and incidental purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 25th day of July, 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 directed 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 ease- ment for pipe line and incidental purposes be posted con- spicuously 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, Donald R. O'Donnell did on the 24th day of July, 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 -1- WHEREAS, said City Council did on the 6th day of August, 1963, at 3 :00 O'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hearing on the matter of whether said easement for pipe line and in- cidental 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 of the evidence submitted that said easement for pipe line and in- cidental purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or ,pro- spective pipe line and incidental purposes, and that an order vacating and abandoning such easement for pipe line and inci- dental 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 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 pipe line and incidental purposes de- scribed in said Resolution is unnecessary for present or pro- spective public purposes; 3. That it does hereby order that said easement for pipe line and incidental 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 Resolution No. 63R -596, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: 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. That portion of Lot H of Boege's Addition to Anaheim, as shown on a Map thereof recorded in Book 3, pages 2 and 3 of Miscel- laneous Records of Los Angeles County, California, described as follows: The Southerly 10 feet of the Northerly 48.75 feet of Lot H of Boege's Addition to Anaheim, as shown on a Map recorded in Book 3, pages 2 and 3 of Miscellaneous Records of Los Angeles County, Ca l iforn:Ia. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of August, 1963. ATTEST: 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 was passed and adopted at a regular meeting of the City Council held on the 6th of August, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 6th day of August, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August, 1963. (SEAL) O OF THE CITY OAHEIM