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1961-6611RESOLUTION NO. 6611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PUR- POSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. -1- R/W WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 27th day of December, 1960, pass its Resolution No. 6562, en- titled "A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUB- LICATION 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 19L1, and 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 did further declare its intention to reserve an easement for public utility purposes over, under and across the easterly 10.00 feet of the northerly 325.00 feet 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 road and public utility pur- poses and said reservation of easement for public utility purposes; an d WHEREAS, said City Council did by said resolution fix the 17th day of January, 1961, at 7:00 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 va- cation, 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 6th day of January, 1961, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, 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, aban- donment and closing to public use of said easement for road and public utility purposes be posted conspicuously 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, Earl T. Bouslog did on the 6th day of January, 1961, 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 be- fore said hearing; and WHEREAS, said City Council did on the 17th day of Janu- ary, 1961, at 7 :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 described 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. 6562, 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 a portion of the Southwest quarter of the Northwest quarter of Section 28, Township 4 South, Range 10 West, San Bernardino Base and Meridian, des- cribed as follows: Beginning at the Southwest corner of Tract No. 3216 as shown on a map filed in Book 97, pages 21 and 22 of Miscellaneous Maps, records of Orange County, California; thence along the Westerly line of said Tract No. 3216, North 0 56' 27" West 335.00 feet; thence South 89° 13' 13" West 20.00 feet; thence South 0 56' 27" East 325.00 feet; thence South 89° 13 10" West 642.75 feet along a line parallel with the North line of Tract No. 1926 as said Tract is shown on a map filed in Book 55, page 50 of Miscel- laneous Maps, records of Orange County, California; thence South 89° 13 20" West 422.00 feet; thence South 0° 56 30" East 10.00 feet; thence North 89 13 20" East 422.00 feet to the Northwest corner of said Tract 1926; thence along the North- erly line of said Tract 1926, North 89° 13 10" East 662.75 feet to the true point of beginning. 5. That it finds that an easement for public utility purposes over, under and across the easterly 10.00 feet of the northerly 325.00 feet of the above des- cribed property should be reserved. 6. That it does hereby order that an easement for pub- lic utility purposes over, under and across the easterly 10.00 feet of the northerly 325.00 feet of the above described property be reserved. 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 17th day of January, 1961. A EST: (SEAL) ER OF .E CI 0 P EIM MA OR OF E CITY OF ANAHEIM 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. 6611 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 17th day of January, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Fry, Thompson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 6611 on the 17th day of January, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of January, 1961. J CITY LERK OF THE CITY OF ANAHEIM