1967-394
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RESOLUTION NO. 61R- 394
A RESOLUTION OF THE CITYCqUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VAqATION AND ABANDON-
MENT OF THAT PORTION OF A RIGHT OF WAY FOR
PIPE LINE PURPOSES FOR THE-~ONVEYANCE OF WATER
FOR IRRIGATION UPON, ALONG, OVER, UNDER AND
ACROSS THROUGH THE HEREINAPlTER DESCRIBED REAL
PROPERTY.
WHEREAS, the City COURcil qf the City of Anaheim, a
.MuD.icipal Corporation of the State of California, did on the
27th day of June, 1967, pass its Resqlution No. 67R-360, en-
titled n A RESOLUTION OF THE CITY CO~CIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE ANd ABANDON THAT PORTION OF
A RIGHT OF WAY FOR PIPE LINE PURPOSE~ FOR THE CONVEYANCE OF
WATER FOR IRRIGATION UPON, ALONG, O~R, UNDER, ACROSS AND THROUGH
'!'BE HEREINAFTER DESCRIBED REAL PROPE~Y; 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, abandon and close to public use that
portion of a right of way for pipe line purposes for the con-
veyance of water for irrigation upon, along, over, under, across
and through the hereinafter described property under the pro~
visions 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 portion of right of way for pipe line
purposes ~ and .
WHEREAS, said City Council did by said resolution fix
the 18th day of July, 1967, at 1:30 o'clockP.M. in the Council
Chamber in the City Hall of the Ci tyof 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 portion of 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
portion of right of way for pipe line purposes should not be
vacated, abandoned and closed to public use, and
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, Orange County, California~ and
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WHEREAS, by said resolution said City Council directed
that notices of the passage of said ~esolution and of the time
and place of the hearing on the matter of the vacation, abandon-
ment and closing to public use of said portion of right of way
for pipe line purposes be posted conspicuously along the line of
said portion of right of way, not more than 300 feet apart, at
least ten (10) days before said hearing, and not less than three
(3) such notices should be posted~ and
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WHEREAS, Donald R. 0 I Donne~l did on the 6th day of
July, 1967, post conspicuously not l~ss than three (3) such
notices along the line of said portiqn of right of way, which
notices were posted not more than 300: feet apart, and were posted
at least ten (10) days before hearing; and
WHEREAS, said City Council did on the 18th day of July,
1967, at 1:30 o'clock P.M. in the Co~cil Chamber in the City
Hall of the City of Anaheim, conduct la public hearing on the
matter of whether said portion of ri~t of way for pipe line
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 f~nds from all of the evi-
dence submitted that said portion of ~ight of way for pipe line
purposes described in the Resolution of Intention and hereinafter
described, is unnecessary for present or prospective public
purposes, and that an order vacating and abandoning such portion
of right of way for pipe line purposes as described in the Resolu-
tion 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 portion of right of way for pipe line purposes described
in said resolution is unnecessary for present or prospective
public purposes;
3. That it does hereby ord~r that said portion of
right of way for pipe line purposes be, and it is hereby, vacated,
abandoned and closed to public use;
4. That said portion of ricght of way herein ordered
vacated, abandoned and closed to public use is that certain
portion of right of way for pipe line,purposes for the convey-
ance of water for irrigation describecjl in said Resolution No.
67R-360, is situated in the City of Anaheim, County of Orange,
State of California, and is more particularly described as
follows:
That portion of the 33-foot wide right of way for
a pipe line for the conveyance of water for irriga-
tion, together with the right to perpetually maintain
and operate said pipe line, located in the City of
Anaheim, County of Orange, State of California, as
conveyed to the Anaheim Union Water Company, by
final settlement of Court Case No. 6468, recorded in
Book 281, page 126 of Deeds, March 7, 1916, records
of said Orange County, and quitclaimed to the City
of Anaheim by quitclaim deed reco~ded September 25,
1964 in Book 7235, pages 256, 257 and 258 of Official
Records of Orange County, California. The center line
of said 33-foot wide strip to be abandoned, is described
as follows:
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Beginning at a point in the East line of Lot 4 of
Anaheim Extension, as shown on a: Map of Survey made
by William Hamel and filed in th.County Records of
Los Angeles County, California, $aid point being distant
79' South measured along the Eas~ line of said Lot
4 from the center line of Sycamo~e Street, as shown on
said Map of Anaheim Extension; thence South 74-1/20 East
271 feet; thence North 83-1/40 E~st 460 feet; thence
North 870' East 323 feet to an inltersection with the West
line of Lot 6 of said Anaheim Ex(tension, said point of
intersection being the point of Iterminus of the line
herein described.
A portion of the above describe~ right of way to be
abandoned is shown on the Map of, Tract No. 47, being
a part of the Anaheim Cemetery, .~ecorded in Book 9,
page 47 of Miscellaneous Maps, records of Orange County,
California.
AND BE IT FURTHER RES OLVEDi that the City Clerk be, and
she is hereby, authorized and directed to cause a certified copy
of this resolution and order, attesqad by her under the seal of
the City of Anahei., to be recorded lin ~eOffice of the County
Recorder of Orange County, California. -
THE FOREGOING RESOLU'l'ION is approved and signed by me
this 18th day of July, 1967. '
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MAYOR OF THE CI Y ,'F AN
ATTEST:
~ At. 2/~ ~h ----
C " CLERK OF '!'BE CI'l'Y OF ANAHEIM
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It .. .. W91~~, C111 C1.rk o.the City of ....1a,
_ aerey e.J:'tify ,~t tile f01'...... "'01-11- I.. '1'Jll-", ws
l.a~ed aIl4 adopted, at a ret'llu ...tiat ,provided by law, of the
f;1ty eouacU of, tMCity of....,ba, _ld ~rt.e 18th day of3111y,
1967, by Ue fol1owlftt vote of &e ....r.1Mr.fl
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AYESI
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~II.8I Dutton, Kre~a, CUnd1tr, and Pebley
ctW;,~rf((, lOll.
CCIlEIJ.JiIII. SctDItt.
CQic'dfiPli ....
AD I PUllTIII CUTIn that the "tor of the City of Anahaia
IcJ>>PXoved a.d signed saida..o1ution 10. 67R't:w.i Oil tile 18th day of
My, 1967.
III .~ .'. ~, ,I ..v. her"'~ set ,ay b..d ,~
,",fihd. th. offie.a1 ...1 of 'the City of ... ill this 11th day of
.July:, 1967.
( &5AL)
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C CI.EIIK '. ,el .' AlWED
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolutiun
No. 67R-394 duly passed and adopted by the Anaheim City Council on
July 18, 1967.
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City Clerk
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