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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, 1 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, 2 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 3 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