63-0476RESOLUTION NO. 63R- 476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF
AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON,
OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER
DESCRIBED REAL PROPERTY; AND RESERVING AN EASE-
MENT FOR PUBLIC UTILITY POWER LINE OVERHANG
PURPOSES OVER, ALONG AND ACROSS A PORTION OF
SAID PROPERTY.
Div of Pub Works
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
14th day of May, 1963, pass its Resolution No. 63R -412 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, OVER, ACROSS, ALONG AND THROUGH THE HERE-
INAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR
PUBLIC UTILITY POWER LINE OVERHANG PURPOSES OVER, 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 public utility purposes upon, over, across, along
and through the hereinafter described property under the pro-
visions of the Public Service Easement Vacation Law, Title 5,
Division 1, Article 5 of the Government Code; and
WHEREAS, the City Council did further declare its in-
tention to reserve an easement for public utility power line
overhang purposes over, 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
particulars as to the proposed vacation, abandonment and closing
to public use of said easement for public utility purposes and
said reservation of easement for public utility power line over-
hang purposes; and
WHEREAS, said City Council did by said resolution fix
the 4th 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 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 23rd
day of May,1963, in the Anaheim Bulletin, a newspaper of gen-
eral circulation, 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, abandon-
ment 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
-1-
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
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 4th 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 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
submitted that said easement for public utility purposes described
in the Resolution of Intention and hereinafter described, is
unnecessary for present or prospective 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 public utility purposes described in
said resolution is unnecessary for present or pros-
pective 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 -412, is situated
in the City of Anaheim, County of Orange, State of
California, and is more particularly described as
follows:
That certain easement for 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:
The Westerly eight (8) feet of Lots 19 to 24,
both inclusive, of Tract No. 3251, as shown on a
Map recorded in Book 100,pages 17 and 18 of
Miscellaneous Maps, records of Orange County,
California;
5. That it finds that an easement for public utility
power line overhang purposes over, along and across
the hereinafter described property should be reservedi
6. That it does hereby order that an easement for pub-
lic utility power line overhang purposes be reserved
over, along and across the following described property
situated in the City of Anaheim, County of Orange,
State of California, to wit:
-2-
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 4th day of June, 1963.
ATTEST: DENE M. WILLIAMS, CITY CLERK
By C G eo- a� —e-r 'DEPUTY
rim-cLERK Off` M CITY OF ANAHEIM
STATE OF CALIFORNIA)
ODUNTY 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 tTie 4th day of June 1963
by the following vote of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 4th day
of June 1963
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 4th day of
June 19 63
(SEAL)
The westerly five (5) feet of Lots 19 to 24, both
inclusive, of Tract No. 3251, as shown on a Map
recorded in Book 100, Pages 17 and 18 of Miscellan-
eous Maps, Records of Orange County, California.
AYES: COUNCILMEN :Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
By
DEPUTY CITY CLERK
C ITY' OFAI�AHE
DENE M. WILLIAMS
CITY CLERK OF THE CITY O=1AFETgr`