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1968-136RESOLUTION NO. 68R- 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN EASEMENTS FOR SEWER PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 13th day of February, 1968, pass its Resolution No. 68R -101 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN EASEMENTS FOR SEWER 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 PUBLICA- TION OF THIS RESOLUTION," whereby it declared its intention to vacate, abandon and close to public use certain easements for sewer purposes upon, along, over 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 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 easements; and WHEREAS, said City Council did by said resolution fix the 5th day of March, 1968, at 1:30 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, aban- donment and closing to public use of said easements for sewer 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 easements for sewer purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 22nd day of February, 1968, in the Anaheim Bulletin, a newspaper of gen- eral 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 easements for sewer pur- poses be posted conspicuously along the lines of said easements, not more than 300 feet apart, at least ten (10) days before said hearing, and that not less than three (3) notices should be posted along the line of each easement; and WHEREAS, Donald R. O'Donnell did on the 21st day of February, 1968, post conspicuously not less than three (3) such notices along the line of each of said easements, 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 5th day of March, 1968,at 1:30 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 easements for sewer 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 easements for sewer purposes described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospective sewer purposes, and that an order vacating and abandoning such easements for sewer pur- poses 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 easements for sewer purposes described in said resolution are unnecessary for present or prospective sewer purposes; 3. That it does hereby order that said easements for sewer purposes be, and they are hereby, vacated, abandoned and closed to public use; 4. That said easements herein ordered vacated, aban- doned and closed to public use are those certain easements de- scribed in said Resolution No. 68R -101, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Those certain easements for sewer purposes located in the City of Anaheim, County of Orange, State of Cali- fornia, acquired by the City of Anaheim, by deed recorded November 7, 1956 in Book 3703, page 185 and by deed recorded December 1, 1967 in Book 8453, page 923 of Official Records of Orange County, California, described as follows: PARCEL ONE: A ten -foot easement for sewage purposes over, under and across that portion of the Northwest quarter of the Southwest quarter of Section 12, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, lying 5.00 feet on each side of the follow- ing described center line: Beginning at the intersection of the West line of said Section with a line parallel with the South line of the North one -half of the Southwest quarter of said Northwest quarter and distant Northerly therefrom 260.00 feet, measured at right angles; thence Easterly along said parallel line 366.00 feet; thence 330.00 feet Southeasterly to a point on a line parallel with the South line of the North one -half of the Southeast quarter of said Northwest quarter and distant 210.00 feet Northerly therefrom, measured at right angles; thence Easterly along said parallel line to the East line of said Northwest quarter. -2- PARCEL TWO: An easement for the installation and maintenance of a sewer line over, under and across that portion of the Northeast quarter of the Southwest quarter of Section 12, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as per Map recorded in Book 51, page 10 of Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the center line intersection of State College Boulevard, formerly known as Placentia Avenue, and Lincoln Avenue, formerly known as Anaheim -Olive Road, as shown on a Map filed in Book 37, page 39 of Record of Surveys in the office of the County Recorder of said Orange County; thence South 78° 52' 26" East along the said center line of Lincoln Avenue, a distance of 1666.61 feet; thence South 0° 10' 39" West a distance of 357.27 feet; thence North 89° 49' 14" West a distance of 44 feet to the true point of beginning; thence continuing North 89° 49' 14" West a distance of 270.98 feet; thence North 0° 10' 46" East a distance of 10 feet; thence South 89° 49' 14" East a distance of 270.98 feet; thence South 0° 10' 39" West a distance of 10 feet to the true 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 5th day of March, 1968. ATTEST: CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY OF ANAH 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 -136 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 5th day of March, 1968, by the follow- ing 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 -136 on the 5th day of March, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 5th day of March, 1968. SEAL) CITY 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 -136 duly passed and adopted by the Anaheim City Council on March 5, 1968.