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1968-142RESOLUTION No. 68R- 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEII ORDERING TIE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EASEN ?ENT FOR PU:3LIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH TEE IiEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN RASE: ENT FOR PUBLIC UTILITY OVERHEAD AND OVERHANG PURPOSES FOR ELECTRIC POWER LINES AND CROSS -AR S OVER, ALONG AND ACROSS SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a municipal corporation of the State of California, did on the 20th day of February, 1968, pass its Resolution No. 68R -117 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEII''. DECLAR- ING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EASE- MENT FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFT.s•R DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY OVERHEAD AND OVERHANG PURPOSES FOR ELECTRIC POWER LINES AND CROSS -ARMS OVER, ALONG AND ACROSS SAID PROPERTY; FIXING A TINE AND PLACE FOR A HEARING THEREON; DIRECT- ING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use that certain portion of an ease- ment for public utility purposes upon, over, across, along and through the hereinafter described 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 did further declare its in- tention to reserve an easement for public utility overhead and overhang purposes for electric power lines and cross -arms over, •along and across 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 portion of easement for public utility purposes and said reservation of easement for public utility overhead and overhang purposes; and WHEREAS, said City Council did by said resolution fix the 12th day of Idarch, 1963, at 1:30 o'clock P.H. in the Council Chamber in the City ball of the City of Anaheim as the time and place for a public hearing on the matter of such vacation, aban- donment 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 of WHEREAS, said resolution was published on the 29th day February, 1968, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, State of 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 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 WHEREAS, Donald R. O'Donnell did on the 29th day of February, 1968, post conspicuously not less than three (3) such notices along the line of said portion of easement, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 12th day of March, 1968, at 1:30 o'clock P.L. at said City Hall, conduct a public hearing on the matter of whether 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 evidence sub- mitted that said portion of easement for Tublic utility purposes described in the Resolution of Intention and hereinafter describ- ed is unnecessary for present or prospective utility purposes and that an order vacating and abandoning such portion of 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 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. 68R-117, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain portion of an easement for public utility purposes upon, over, across, along and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The Northerly five feet of Lots 12, 13 and 14, and the Easterly five feet of Lot 14, all of -2- AND BE IT FURTHER RESOLVED that the City Clerk be, an she is hereby, authorized and directed to cause a certified copy of this resolution ana order, attesteC by her under the seal of the City of Anaheir, to be reccraea in the Office of the County Recorder of Orange County, California. THE FORGOING RESOLUTION is approved and signed by me this 12tn day of ilarch, 1968. ATTEST: Tract No. 2517, as shown on a Map recorded in Book 133, pages 40 through 42, inclusive, of Miscellaneous Maps, records of Orange County, California. 5. That it finds that an easement for public utility overhead and overhang purposes for electric power lines and cross-arms should be reserved over, along and across the hereinbefore described property. 6. That it does hereby order that an easement for public utility overhead and overhang purposes for electric power lines and cross-arms be reserved over, along and across the hereinbefore described property. CITY CLERK OF THE CITY OF iDI iILYOR et THE CITY 1-iNIIHE 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. 68R -142 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of March, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -142 on the 12th day of March, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of March, 1968. (SEAL) ITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -142 duly passed and adopted by the Anaheim City Council on March 12, 1968.