1967-528
--
RESOLUTION NO. 67R- 528
,,-..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VAC~TION AND ABANDON-
MENT OF A FORMER ANAHEIM UN~ON WATER COMPANY
RIGHT OF WAY FOR PIPE LINE PURPOSES OVER,
UNDER, ACROSS, ALONG AND TH~OUGH THE HEREIN-
AFTER DESCRIBED REAL PROPERtl'Y.
WHEREAS, the City Council otE the City of Anaheim, a
Municipal Corporation of the state of California, did on the
29th day of August, 1967, pass its Re$olution No. 67R-498 en-
titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON A FORMER ANAHEIM
UNION WATER COMPANY RIGHT OF WAY FOR PIPE LINE PURPOSES OVER,
UNDER, ACROSS, ALONG 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," whereby it declared its intention to vacate, aban-
don and close to public use a former Anaheim union Water Company
right of way for pipe line purposes o~er, under, across, along
and through the hereinafter described property under the provi-
sions 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 right of way for pipe line purposes; and
WHEREAS, said City Council did by said resolution fix
the 19th day of September, 1967, 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 vaca-
tion, abandonment and closing to public use of said right of way
for pipe line 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 right of way
and the use thereof for pipe line purposes should not be vacated,
abandoned and closed to public use; and
WHEREAS, said resolution was published on the 7th day
of September, 1967, in the Anaheim Bulletin, a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, County of Orange, California; and
,r~
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 sa~d right of way for pipe line
purposes be posted conspicuously along the line of said right of
way, 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 7th day of
September, 1967, post conspicuously not less than three (3) such
notices along the line of said right of way, which notices were
posted not more than 300 feet apart, and were posted at least ten
(10) days before said hearing; and
-1-
~
~
-
,,-
WHEREAS, said City Council did on the 19th day of
September, 1967 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 that certain former Anaheim Union Water
Company right of way for pipe linep.rposes hereinafter described,
should be'vacated, abandoned and closed to public use, and at
said hearing did hear evidence there~n; and
WHEREAS, the City Council finds fram all of the evi-
dence submitted that said right of way for pipe line purposes
described in the Resolution' of Intention and hereinafter de-
scribed, is unnecessary for present or prospective public pur-
poses, and that an order vacating an<i abandoning such right of
way as described in the ResOlution of Intention and hereinafter
described 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 right of way for pipe line purposes described in said reso-
lution' is unnecessary for present or prospective public purposes;
3. That it does hereby order that said right of way
be, and it is hereby, vacated, abandoned and closed'to public
use;
4. That said former Anaheim Union Water Company right
of way for pipe line purposes herein ordered vacated, abandoned
and closed to public use is that certain right of way described
in said Resolution No. 67R-498, is situated in the City of
Anaheim, County of Orange, State of California, and is more
particularly described as follows:
That certain right of way for pipe line located in the
City of Anaheiin, County of Orange, State of California,
conveyed to the Anaheim Union Wa~er Company by deed
recorded in Book 173, page 317, April 8, 1907 in Deeds,
and acquired by the City of Anaheim by quitclaim deed
recorded September 25, 1964 in Book 7235, pages 256,
257 and 258 of Official Records of Orange County,
California, lying parallel with and five feet on each
side of the following described center line:
,~..........
Beginning at the Southeast corne,r of Lot 114 of Tract
No. 3167, as shown on a Map recorded in Book 98, pages
11 through 13 of Miscellaneous ~aps, records of Orange
County, California; thence South 890 47' 11" West
103.68 feet to the Southwest corner of Lot 114 of said
Tract No. 3167; thence North 00 40' 10" West 35.03 feet,
more or less, to the Southeast corner of Lot 112 of
said Tract No. 3167; thence South 890 47' 11" West
307.33 feet along the South line of Lots 112, 111 and
110, all of said Tract No. 3167, to the Southwest cor-
ner of said Lot 110, said Southwest corner of Lot 110
also being the Southeast corner of Tract No. 4614, as
shown on a Map recorded in Book 161, pages 44 and 45
-2-
..",.,.
-
-
r-
of Miscellaneous Maps, records of Orange County,
Califomia; thence South 890 47' 11" West 692.40 feet,
more or less, along the South li~e of said Tract No.
4614, and the Westerly prolongat~on thereof to an in-
tersection with the center line of Placentia Avenue,
now known as State College Boulevard, said point of
intersection being the point of terminus of the herein
described center line.
AND BE IT FURTHER RESOLVED that the City Clerk be, and
she is hereby, authorized and direct$d 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, Califomia.
THE FOREGOING RESOLUTION is approved and signed by me
this 19th day of September, 1967.
~.. .s:~
c' ~
~
AN 1M
ST~E OF CALIFORNIA )
COUN'l'Y OP ORANGE ) ss .
Cln 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 tity Council held on the 19th
day of Sep~ , 1967, by the following vote of the members
thereof:
AYES:
COUNCILMEN: Dutt.a, hein, Schutte, Chaadler,
aDd '.ley
COUNCILMEN: .one
NOES:
ABSENT:
COUNCILMEN: lione
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 19th day of
September, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anah"im this 19th day of September,
1967.
~:w~.
c . RK OF 'THE ~I"~M
(SEAL)
j-
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolu-
tion No. 67R- ~28 duly passed and adopted by the Anaheim City
Council on September 19, 1967.
A:d. ~. ~'~~
~ Cl.ty C er
-3-
-