1961-6793RESOLUTION NO. 6793
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING THE VACATION AND
ABANDONMENT OF THAT PORTION OF AN EASEMENT
FOR PUBLIC UTILITY PURPOSES UPON, ALONG,
OVER AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY.
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RA W
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
21st day of March, 1961, pass its Resolution No. 6759, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF
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 that portion of an undefined easement for public utility
purposes upon, along, over and through the hereinafter des-
cribed property, 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 in said Resolution re-
ferred 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 portion of an undefined
easement; and
WHEREAS, said City Council did by said Resolution fix
the llth day of April, 1961, 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 portion of an
undefined 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 portion of an undefined easement for public utility
purposes should not be vacated, abandoned and closed to public
use; and
WHEREAS, said Resolution was published on the 31st
day of March, 1961, 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, abandon-
ment and closing to public use of said portion of an undefined
easement for public utility purposes be posted conspicuously
along the line of said portion of an undefined easement, not
more than 300 feet apart, at least ten (10) days before said
hearing, and not less than three (3) such notices should be
posted; and
WHEREAS, Donald R. O'Donnell did on the 31st day of
March, 1961, post conspicuously not less than three (3) such
notices along the line of said portion of an undefined 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 11th day of
April, 1961, 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 whether said portion of an undefined 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 evi-
dence submitted that said portion of an undefined easement for
public utility purposes described in the Resolution of Intention
and hereinafter described, is unnecessary for present or pros-
pective public utility purposes, and that an order vacating
and abandoning such portion of an undefined easement for public
utility purposes as described in the Resolution of Intention
should be made.
NOW, THEREFORE, BE IT
of the City of Anaheim:
1. That it finds the
in this Resolution to be true;
RESOLVED by the City Council
recitals hereinabove set forth
2. That it finds from all the evidence submitted
that said portion of an undefined easement for public utility
purposes described in said Resolution is unnecessary for
present or prospective public purposes;
3. That it does hereby order that said portion of
an undefined easement for public utility purposes be, and it
is hereby, vacated, abandoned and closed to public use;
4. That said portion of an undefined easement herein
ordered vacated, abandoned and closed to public use is that
certain portion of an undefined easement described in said
Resolution No. 6759, and is situated in the City of Anaheim,
County of Orange, State of California, and is more particularly
described as follows:
That portion of that certain undefined public
utility easement, located in the City of Anaheim,
County of Orange, State of California, described
in the deed to the Southern California Edison
Company, a Corporation, recorded January 21, 1947,
in Book 1467, Page 43, Official Records of said
Orange County, California. The City of Anaheim
purchased this Edison easement and facilities, by
Purchase Order No. 2082, February 16, 1955, lying
within that parcel of land, described as follows:
That portion of the Southeast quarter of the
Southwest quarter of Section 9, Township 4 South,
Range 10 West, in the Rancho San Juan Cajon de
Santa Ana, in the City of Anaheim, as per map re-
corded in Book 51, Page 7, et seq., Miscellaneous
Maps, in the Office of the County Recorder of
said Orange County, described as follows:
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Beginning at a point in the centerline of the 80
foot highway as conveyed to the State of California,
by deed recorded January 17, 1935, in Book 724,
Page 350 of Official Records, in the Office of
the County Recorder of said Orange County, distant
thereon 320 feet Easterly from the intersection of
said centerline with the West line of the South-
east quarter of the Southwest quarter of said
Section 9, and running thence Easterly along said
centerline 100 feet; thence Northerly parallel with
the West line of said Southeast quarter to the
Southwesterly line of the land described as Parcel
5, in the notice of Lis Pendens, recorded November
10, 1942, in Book 1170, Page 140 of Official
Records, in the Office of the County Recorder of
said Orange County; thence Westerly along said
Southwesterly line to a line which is parallel
with the West line of said Southeast quarter
extending through the point of beginning; thence
Southerly along said last mentioned parallel line
to the point of beginning.
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 April, 1961.
MAYO
R OF
HE CI
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. 6793 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 April, 1961, by the
following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry Thompson and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor ofcthe City of Anaheim
approved and signed said Resolution No. 6793 on the llth day of April,
1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official the City of Anaheim this llth day of April, 1961.
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CITY LERK OF THE CITY OF ANAHEIM