1967-469
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RESOLUTION NO. 67 R- 469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR STORM WATER DRAIN AND
ROADWAY PURPOSES UPON, OVER, ACROSS, ALONG
AND THROUGH THE HEREINAFTER DESCRIBED REAL
PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC
UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION
OF SAID PROPERTY.
WHEREAS, the City Council of the City of Anaheim,
a Municipal Corporation of the State of California, did on the
25th day of July, 1967, pass its Resolution No. 67R-424 entitled
II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR
STORM WATER DRAIN AND ROADWAY PURPOSES UPON, OVER, ACROSS, ALONG
AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY, RESERVING
AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS
SAID PROPERTY; FIXING A TIME 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
and abandon and close to public use an easement for the con-
struction, operation and maintenance of storm water drain and
roadway 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 to abandon said easement for storm water
drain, and under the provisions of the Street Vacation Act of
1941 to abandon or vacate said easement for roadway purposes;
and
WHEREAS, the City Council did further declare its in-
tention to reserve an easement for public utility purposes over,
under 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 easement for storm water drain and roadway
purposes and said reservation of easement for public utility
purposes; and
WHEREAS, said City Council did by said resolution fix
the 15th day of August, 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 vacation,
abandonment and closing to public use of said easement for storm
water drain and roadway 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
easement for storm water drain and roadway purposes should not be
vacated, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 3rd day
of August, 1967, 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-
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ment and closing to public use of said easement for storm water
drain and roadway purposes be posted conspicuously along the line
of said 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, Herman J. Stoffel, Jr. did on the 3rd day of
August, 1967, post conspicuously not less than three (3) such
notices along the line of said 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 15th day of
August, 1967, at 1:30 o'clock P.M. at said City Hall, conduct a
public hearing on the matter of whether said easement for storm
water drain and roadway purposes, hereinafter described, should
be vacated, ,abandoned and closed to public use, and at said hear-
ing did hear evidence thereon; and
WHEREAS, the City Council finds from all evidence sub-
mitted that said easement for storm water drain and roadway pur-
poses described in the Resolution of Intention and hereinafter
described is unnecessary for present or prospective storm water
drain and roadway purposes and that an order vacating and abandon-
ing such 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
easement for storm water drain and roadway purposes
described in said resolution is unnecessary for
present or prospective public purposes;
3. That it does hereby order that said easement for
storm water drain and roadway purposes be, and it
is hereby, vacated, abandoned and closed to public
use;
4. That said easement herein ordered vacated, abandoned
and closed to public use is that certain easement
described in said Resolution No. 67R-424, is situated
in the City of Anaheim, County of Orange, State of
California, and is more particularly described as
follows:
That certain easement for the construction, operation
and maintenance of storm water drain and roadway
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:
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The East 8 feet of the East 106 feet of the
Northerly 328.60 feet of the Southerly 636.83
feet of Lot 11 of Miles Rancho as shown on a
map recorded in Book 4, page 7, of Miscellaneous
Maps, Records of Orange County, California.
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5.
That it finds that a public utility overhang ease-
ment for electric power lines and cross arm pur-
poses should be reserved over, across and along the
east five (5) feet only of the hereinbefore de-
scribed property.
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6. That it does hereby order that a public utility
overhang easement for electric power lines and
cross arm purposes be reserved over, across and
along the east five (5) feet of the hereinbefore
described property.
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 15th day of August, 1967.
attest;
~~F ~T;'OF~AHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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CITY I,~LU(K
I, DENE M. WILLI&~, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the
15th day of August, 1967, by the following vote of the members
thereof:
AYES: COUNCILMEN: Krein, Schutte, Chandler and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton
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AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 15th day of
August, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 15th day of
August, 1967.
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CI Y CLERK OF THE CITY OF ANAHEIM
(SEAL)
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