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1965-096RESOLUTION NO. 65R. -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING 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; FIXING A TIME AND PLACE FOR A HEAR- ING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of an easement for road and public utility 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 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. 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 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: 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 3.00 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 that it does elect to proceed 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 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 road and public utility purposes; and BE IT FURTHER RESOLVED that a time and place for 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. -1- That the day of March 1965, at 1:30 o'clock P.M. in the Council Chamber in the City Hall in the City of Anaheim is hereby fixed 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 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 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 9th day of February, 1965. ATTEST: 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 No. 65R -96 was introduced and adopted at o regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of February, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -96 on the 9th day of February, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of February, 1965. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM