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1961-6972RESOLUTION NO. 6972 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. 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 46 through 48, inclusive, of Miscellaneous Maps, records of Orange County, California. WHEREAS, a request has been made for the abandonment of that portion of an easement for public utility purposes upon, along, over and through the property hereinafter 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 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 easement for public utility purposes upon, along, over and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: 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 Records of Orange County,Calif., described as follows: Excepting therefrom any portion of that certain public utility easement lying with 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 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; 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 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 5th day o f July 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 easement for public utility purposes, for all persons interested in or objecting to such proposed vacation, abandonment and closing to public use to aTpear and show cause, if any they have, why such portion of said 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 easement and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of said 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 ease- ment; 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 of the person posting the notice, setting forth the facts regarding such post- ing; 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 13th day of June, 1961. ATTEST: 44 4 L CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY -OF ORANGE ss. CITY OF ANAHEIM 1, IDENE- M. 1WILLIAMS, City Clerk of the City of Anaheim, do hereby certify cthat the .forego.iang.Besolution No.. 6972 was introduced and adopted at -a regular meeting'provided by law, ofthe City Council of the City of Anaheim,` held on the 13th "day of' June, 1961, by the foallowing :vote of the members thexeof: AYES: COUNCILMENv Chandler, Coons, Fry, Thomp and Schutte NOES COUNCILMEN: None ABSENT: COUNC ILMEN3 None, AND(I FURTHER'CERTIFY that the Mayor- of the City of Anaheim approved and signed said Resolution No. 6972 on the 13th day of June, 1961. IN_.WITNESS WHEREOF; I-have hereunto set my hand and. affixed the official_seaI of the City of Anaheim this 13th day Of June, 1961. (SEAL) :CITY CLERK OF THE CITY -OF ANAHEIM