1961-7018UHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
13th day of June, 1961, pass its Resolution No. 6972, entitled
"A RESOLUTION OF TH.? 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 TINE 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 easement for public utility purposes upon, along, over and
through the hereinafter described property, under the provisions
of the Public Service :Easement Vacation Taw, Title 5, Division 1,
Article 5 of the Government Code; 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 portion of easement; and
WHEREAS, EAS, said City Council did by said resolution fix
the 5th day of July, 1961, at 3 :00 o'clock P. 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 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 easement for public utility purposes should not be
vacated, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 22nd day
of June, 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, abandonment
and closing to public use of said portion of easement for public
utility purposes be posted conspicuously along the line of said
portion of 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
UHEREAS, Donald R. O'Donnell did on the 22nd day of
June, 1961, post conspicuously not less than three (3) such
notices along the line of said portion of easement, which notices
were posted not more than 300 feet apart, and were posted at least
ten (10) days before said hearing; and
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF TIIE
CITY OF ANAI:IEI ORDERING THE VACATION AND
ABANDONMENT OF THAT PORTION OF AN EASEMENT
FOR PUBLIC UTILITY.PURPOSES UPON, ALONG,
OVER AND THROUGH THE HEREINAFTER DESCCRIBED
REAL PROPERTY.
7018
Engineering
WHEREAS, said City Council did on the 5th day of
July, 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 whetter said portion of 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 evidence
submitted that said portion of 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 portion of easement
for public utility purposes as described in the Resolution of
Intention 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 the evidence submitted that
said portion of 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
easement for public utility purposes be, and it is hereby, vacated,
abandoned and closed to public use;
4. That said portion of easement herein ordered vacated,
abandoned and closed to public use is that certain portion of
easement described in said Resolution No. 6972, 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 public utility
easement located in the City of Anaheim, County
of Orange, State of California, recorded June 9, 1954
in Book 2742, Page 611 of Official Recn rds of
Orange County, California, described as follows:
The Westerly ten (10.00) feet of the Easterly
39.00 feet of Lots 38 through 49, inclusive, of
Tract No. 3970, as shown on a Map recorded in
Book 74, Pages 4 through 48, inclusive, of
Miscellaneous Maps, records of Orange County,
California.
Excepting therefrom any portion of that certain
public utility easement lying within Lot 38
of said Tract No. 3970, conveyed to the City
of Anaheim by instrument number 11979, recorded
May 17, 1961 in Book 5724, Page 656 of Official
Records of Orange County, California.
AND BE IT FURTHER RESOLVED that the City Clerk be, and
she is hereby, authorized and directed to cause a certified copy
-2-
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
ffe this 5th day of July, 1961.
ATTEST:
(SEAL)
0 T Or ANA
MAYOR OF E I Y OF AH IM
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
atopted at a regular meeting of the City Council held on the
5th day of July, 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 5th day of
July, 1961.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 5th day of July,
1961.
141 Oa THE I f Y 0 A H E I M