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63-0491RESOLUTION NO. 63R- 491 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 21st day of May, 1963, pass its Resolution No. 63R -443 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 Vaca- tion Law, Title 5, Division 1, Article 5 of the Government Code; and WHEREAS, the City Council in said resolution referred to a map on file in the Office of the City Clerk for further par ticulars 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 llth day of June, 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, abandon- ment 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 resolution was published on the 29th day of May, 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 easement for public utility pur- poses be posted conspicuously along the line of said easement, not more than 300 feet apart, at least ten (10) days before said hear- ing, and that not less than three (3) such notices should be posted.; and WHEREAS, Donald R. O'Donnell did on the 31st day of May, 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 llth day of June, 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 1 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 of the evidence submitted that said easement for public utility purposes described in the Resolution 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 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 public utility purposes described in said reso- lution 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 Resolution No. 63R -443, 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: The Westerly three (3) feet of the Southerly 120.00 feet of the West half of the East four (4) acres of the Southwest quarter of the Southeast quarter of the Northwest quarter of Section 13, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 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 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. THE FOREGOING RESOLUTION is approved and signed by me this llth day of June, 1963. ATTEST: i CI `C ERK OF THE CITY OF ANAHEIM 2 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 -491 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the llth day of June, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -491 on the llth day of June, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this llth day of June, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM