63-0490RESOLUTION NO. 63R-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES
UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREIN-
AFTER DESCRIBED REAL PROPERTY; AND RESERVING AN
EASEMENT FOR SEWER LINE, WATER LINE AND DRAINAGE
PURPOSES UNDER, ALONG AND ACROSS A PORTION OF
SAID 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-444 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING
ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR ROAD AND PUB-
LIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE
HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR
SEWER LINE, WATER LINE AND DRAINAGE PURPOSES UNDER, ALONG AND
ACROSS A PORTION OF SAID 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 and abandon and close to public use an easement for road
and public utility purposes upon, over, across, along and through
the hereinafter described property under the provisions of the
Street Vacation Act of 1941 to abandon or vacate said easement for
road purposes and under the provisions of the Public Service Ease-
ment Vacation Law, Title 5, Division 1, Article 5 of the Government
Code to abandon said public utility easement; and
WHEREAS, the City Council did further declare its inten-
tion to reserve an easement for sewer line, water line and drainage
purposes under, along and across a portion of the above-mentioned
property; 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 for road and public utility purposes
and said reservation of easement for sewer line, water line and
drainage purposes; 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, abandonment and
closing to public use of said easement for road and 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 road and 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 circula-
tion, printed, published and circulated in the City of Anaheim,
County of Orange, State of 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 road and public utility
purposes be posted conspicuously along the line of said easement,
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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 31st day of
May, 1963, post conspicuously not less than three (3) such
notices along the line of said easement, which notices were posted
less than 300 feet apart, and were posted at least ten (10) days
before said hearing; and
WHEREAS, said City Council did on the 11th day of June,
1963, at 3 :00 o'clock P.M. at said City Hall, conduct a public
hearing on the matter of whether said easement for road and 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 evidence sub-
mitted that said easement for road and public utility purposes
described in the Resolution of Intention and hereinafter described,
is unnecessary for present or prospective road and public utility
purposes and that an order vacating and abandoning such easement
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 evidence submitted that said
easement for road and public utility purposes des-
cribed in said resolution is unnecessary for present
or prospective public purposes;
3. That it does hereby order that said easement for road
and 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 -444, is situated
in the City of Anaheim, County of Orange, State of
California, and is more particularly described as
follows:
That certain easement for road and public utility
purposes upon, over, across, along and through the
following described property situated in the City of
Anaheim, County of Orange, State of California, to
wit:
That portion of Lot 8 of the Anaheim Homestead
Tract, as shown on a Map filed in Book 26, page 10
of Miscellaneous Records of Los Angeles County,
California, lying 25 feet on each side of the
following described center line:
Beginning at a point on the West line of said Lot 8
of the Anaheim Homestead Tract, said point being
510 feet Southerly of the Northwest corner of said
Lot 8; thence Easterly and at right angles to said
Westerly line of Lot 8, 280.00 feet; thence South-
easterly to a point on the Easterly line of Lot 8,
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ATTEST:
said point being 560 feet Southerly of the North-
east corner of said Lot 8.
Note: For the purpose of this description the
Westerly line of Lot 8 is the center line of a
40 -foot street commonly known as Loara Street,
EXCEPTING THEREFROM any portion thereof lying
within Loara Street along the West line of said
Lot 8
5. That it finds that an easement for sewer line,
water line and drainage purposes under, along and
across the hereinafter described property should
be reserved;
6. That it does hereby order that an easement for
sewer line, water line and drainage purposes be
reserved under, along and across the following
described property situated in the City of Anaheim,
County of Orange, State of California, to wit:
That portion of Lot 8 of the Anaheim Homestead
Tract, as shown on a Map filed in Book 26, page 10
of Miscellaneous Records of Los Angeles County,
California, lying parallel with and five (5) feet
Northerly and parallel with and twenty (20) feet
Southerly of the following described line:
Beginning at a point on the West line of said Lot 8
of the Anaheim Homestead Tract, said point being 510
feet Southerly of the Northwest corner of said. Lot
8; thence Easterly and at right angles to said
Westerly line of Lot 8, 280.00 feet; thence South-
easterly to a point on the Easterly line of Lot 8,
said point being 560 feet Southerly of the Northeast
corner of said Lot 8.
Note: For the purpose of this description the
Westerly line of Lot 8 is the center line of a 40-
foot street commonly known as Loara Street.
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.
CI Y CLERK OF THE CITY OF ANAHEIM
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OR OF TH C TY OF ANAHEIM
(SEAL)
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 -490 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
Anaheim approved and signed said Resolution No. 63R -490 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.
CI CLERK OF THE CITY OF ANAHEIM