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1961-6759RESOLUTION NO. 6759 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; DIRECT- ING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. Public Works R/W WHEREAS, a request has been made for the abandonment of that portion of an undefined easement for public utility purposes upon, along, over and through the property herein- after described; and WHEREAS, the City Council does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, to abandon said portion of said undefined public utility easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use that portion of an undefined easement for public utility purposes upon, along, over and through the following described pro- perty situated in the City of Anaheim, County of Orange, State of California, to wit: 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 recorded in Book 51, Page 7, et seq., Miscellaneous Maps, in the Office of the County Recorder of said Orange County, described as follows: 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 -1- 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 of 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 that it does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and BE IT FURTHER RESOLVED that reference is hereby made 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 said undefined easement for public utility purposes; and BE IT FURTHER RESOLVED that a time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this Resolution. That the llth day of April 1961, at 3:00 o'clock P.M,, in the Council Chamber in the City Hall in the City of Anaheim is hereby fixed 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 said 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 have, why such portion of said undefined easement and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of said portion of said undefined easement and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of said undefined easement at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said portion of said undefined easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this Resolution shall be made by affidavit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit -3- of the person posting the notice, setting forth the facts regarding such posting; and BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of this Resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of March, 1961. ATTEST: CITY CLERK OF THE CI Y OF ANAHEIM MAYO F CI 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 was passed and adopted at a regular meeting of the City Council held on the 21st day of March, 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 of the City of Anaheim approved and signed said resolution on the 21st day of March, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of March, 1961. (SEAL) -3- CITY CLERK OF THE CITY OF ANAHEIM