1967-465
RESOLUTION NO. 67R-465
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THAT AN EASEMENT FOR ROAD
AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS,
ALONG AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY NOT BE ABANDONED, AND TERMINATING
ALL PROCEEDINGS IN CONNECTION WITH SAID ABAN-
DONMENT .
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
27th day of June, 1967, pass its Resolution No. 67R-359 entitled
IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR-
ING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR ROAD AND
PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH
THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT
FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF
SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON;
DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF
THIS RESOLUTION,II whereby it declared its intention to vacate
and abandon and close to public use an easement for road and
public utility purposes upon, over, across, along and through
the hereinafter described property under the provisions of the
Street Vacation Act of 1941 to abandon or vacate said easement
for road purposes and under the provisions of the Public Service
Easement Vacation Law, Title 5, Division 1, Article 5 of the
Government Code to abandon said public utility easement; and
WHEREAS, the City Council did further declare its in-
tention to reserve an easement for public utility purposes over,
under and across a portion of 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 road and public utility pur-
poses and said reservation of easement for public utility pur-
poses; and
WHEREAS, said City Council did by said resolution fix
the 18th day of July, 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, aban-
donment and closing to public use of said easement for road and
public utility purposes, for all persons interested in or object-
ing to such proposed vacation, abandonment and closing to public
use to appear and show cause, if any they had, why such easement
for road and public utility purposes should not be vacated, aban-
doned and closed to public use; and
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WHEREAS, said resolution was published on the 6th day
of July, 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-
ment and closing to public use of said easement for road and
public utility purposes be posted conspicuously along the line of
said easement, not more than 300 feet apart, at least ten (10)
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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 6th day of
July, 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 18th day of July,
1967, at 1:30 o'clock P.M. at said City Hall, conduct a public
hearing on the matter of whether said easement for road and 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 easement for road and public utility purposes
described in the Resolution of Intention and hereinafter described,
is necessary for present or prospective road and public utility
purposes and that an order vacating and abandoning such easement
should not be made by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim:
1. That it finds from all evidence submitted that said
easement for road and public utility purposes
described in said resolution is necessary for present
or prospective public purposes;
2. That it does hereby order that said easement for
road and public utility purposes not be vacated,
abandoned and closed to public use;
3. That said easement for road and public utility pur-
poses is that certain easement described in said
Resolution No. 67R-359, is situated in the City of
Anaheim, County of Orange, State of California, and
is more particularly described as follows:
That certain easement for road and 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:
Lots A, Band C of Tract No. 3825, as shown on a
Map recorded in Book 147, pages 7 and 8 of Miscel-
laneous Maps, records of Orange County, California.
BE IT FURTHER RESOLVED that all proceedings in connec-
tion with the abandonment of sa~d easement for road and public
utility purposes be, and the same are hereby terminated.
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THE FOREGOING RESOLUTION is approved and signed by me
this 15th day of August, 1967.
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ATTEST:
~~F~~~;Z:AHEIM
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 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
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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I CLERK OF
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'1' CITY OF. ANAi'EIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
67R-465, duly passed and adopted by the Anaheim City Council on August
15, 1967.
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City Clerk
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