1965-152RESOLUTION NO. 65R -152
A RESOLUTION OF THL CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING TH:; VACATION
AND ABANDONMENT OF AN EASEMENT FOR ROAD
AND PUBLIC UTILITY PURPOSES UPON, OVER,
ACROSS, ALONG AND THROUGH THE HEREIN-
AFTER DESCRIBED REAL PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
9th day of February, 1965, pass its Resolution No. 65R -96,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASE
MENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS,
ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY;
FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE
POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RE SOLU-
TION," 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, and under the provisions 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 easement for road and public utility pur-
poses; and
WHEREAS, said City Council did by said resolution fix
the 2nd day of March, 1965, 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
objecting 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, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 15th
day of February, 1965, in the Anaheim Bulletin, a newspaper of
general circulation, printed, published and circulated in the
City of Anaheim, Orange County, 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)
days before said hearing, and that not less than three (3) such
notices should be posted; and
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WHEREAS, Donald R. O'Donnell did on the 18th day of
February, 1965, post conspicuously not less than three (3) such
notices along the line of said easement, which notices were
posted not more than 300 feet apart, and were posted at least
ten (10) days before said hearing; and
WHEREAS, said City Council did on the 2nd day of
March, 1965, 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 said easement for road and public utility pur-
poses, 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 of the evidence
submitted that said easement for road and public utility purposes
described in the Resolution of Intention and hereinafter described,
is unnecessary for present or prospective road and public utility
purposes, and that an order vacating and abandoning such ease-
ment for road and public utility purposes as described in the
Resolution 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 easement for road and public utility purposes described
in said resolution is unnecessary for present or prospective
public purposes;
3. That it does hereby order that said easement for
road and public utility 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. 65k -96, is situated in the
City of Anaheim, County of Orange, State of California, and is
more particularity described as follows:
The East 23.00 feet of Lot 1, Joseph Fiscus Sub-
division, in the City of Anaheim, County of Orange,
State of California, as shown on a Map recorded
in Book 8, page 73 of Miscellaneous Maps, records
of Orange County, California..
EXCEPTING THEREFROM that portion of said East 23.00
feet lying Northeasterly of a line parallel with
and distant Southwesterly 3MC feet, measured at
right angles, from the Southwesterly line of the
land described in the deed to the State of
California recorded April 15, 1943 in Book 1185,
page 299 of Official Records of said Orange County.
AND By 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,
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THE FOREGOING RESOLUTION is approved and signed by
me this 2nd day of March 19 65
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE s s
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify th.: the foregoing resolution w s
pas,, »ed and adopted ,tt a regul.r meeting of
the City Council held on the 2nd day of March
19 65 by the following vote of the members thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler
NOES: COUNCILMEN: None
ASSENT: COUNCILMEN: None
An
of
heim
(SEAL)
AND I FURTHER CERTIFY th t the Mayor of the City of
pproved nd signed said resolution on the 2nd d-.y
March 19 65
IN WITNESS WHEREOF, I h:ve hereunto set my hand and
affixed the se ='1 of the City of An heim this 2nd day of
March 19 65