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1967-424 - ~- RESOLUTION NO. 67R- 4~ 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 EASij;MENT FOR PUBLIC UTILITY PURPOSES OVER, UNDij;R AND ACROSS SAID PROPERTY; FIXING A TIME ANID PLACE FOR A HEAR- ING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. ~~EREAS, a request has been made for the abandonment of an easement for the construction, operation and maintenance of storm water drain and roadway purposes upon, over, across, along and through the property hereinafter described; and WHEREAS, the City Council of the City of Anaheim does elect to proceed 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 construction, operation and maintenance of said storm water drain, and under the provisions of the Street Vacation Act of 1941, to abandon or vacate said easement for roadway purposes; and vlliEREAS, the City Council does declare that it intends to reserve an easement for public utility purposes over, under and across the hereinafter described property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use an easement for con- struction, 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: 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. and that it does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, and under the provisions of the Street Vacation Act of 1941; and BE IT FURTHER RESOLVED that the City Council does hereby further declare that it intends to reserve an easement for public utility purposes over, under and across the herein- before described property; and - BE IT FURTHER RESOLVED that reference is hereby made 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 construction, operation and maintenance of storm water drain and roadway purposes, and said reservation of easement for public utility purposes; and -1- "'r .,. ".,- /..-. "--.~ BE IT FURTHER RESOLVED that a time and place of hear- ing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 15th day of August, 1967, at 1:30 o'clock P.M. in the Council Chamber in the City Hall in the City of Anaheim is here- by fixed as the time and place for a p~blic hearing on the matter of such vacation, abandonment and closing to public use of said easement for construction, operation and maintenance of 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 have, why such easement and the use thereof for the purposes hereinabove mentioned should not be vacated, abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of said easement and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said easement at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted along the line of said easement. Such notices shall state the passage of this Resolution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of said easement; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affi- davit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such posting; and BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of this resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 25th day of July, 1967. ATTEST: (',\ \VJ ) A -j +~--"-- . ~cJ~' O~/~~ANAHEUJI -2- * " - , ....-. ,- ~ I,.. M. .mIMI, City Clerk of be C1ty of Ana.eba, .. -J.'8J c..Ufy tla.at .. forep1Dt lelOlllt1.. .0.. 63-424 ... i~ed .. adept_ at a "lUlar ...t1ag ......1.. Dr law, of til. City ea.acil of the City of A.a'-la, old Oil ~e 2&th day of July, 191." lty tile fo11owtag vet. of the .....:rs ~:r..fl AlESI COIOI:u..IIl Dutton, Krein, ellaDciler, and Peb1., _51 CCIJII;n.&JII KOM ~. ~u.-. Sdultte .. I RlDIR CUTIfY .., tile .YOf of UaeCl ty .f Anaae1a -.r~" ... &itaeel said lle..l1ftl_ ... 67R-.... _ the Ztlll uy of .ley, 1967. III .IlIIESI ~, I haye ur..to' S& IlJ baacl and affixed tite Ctfficial seal of till. City of Ana_Sa Ws 25th .y of Jay, 1967. ( SIAL) ~ 2z! d~l1iI~ If DEllE II. WILLIAMS, City Clerk of ~e City of AnalileiJl, do hereby certify that the foregoing is the otlglna1 of Re.ol~tion No. 67R-424 duly passed and adopted by the An,hela City Council on July 25, 1967. LM)~ City Clerk .,"'""" r ly '1 I