1965-487RESOLUTION NO. 65R- 487
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF A PORTION OF AN ALLEY AND EASEMENT
FOR ALLEY PURPOSES AND A PORTION OF A CERTAIN
PUBLIC UTILITY EASEMENT UPON, OVER, ACROSS,
ALONG AND THROUGH THE HEREINAFTER DESCRIBED
REAL PROPERTY; AND RESERVING A PUBLIC UTILITY
OVERHANG EASEMENT OVER, ALONG AND ACROSS A
PORTION OF SAID PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
Municipal Corporation of the State of California, did on the
8th day of June, 1965, pass its Resolution No. 65R -424 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN
ALLEY AND EASEMENT FOR ALLEY PURPOSES AND A PORTION OF A
CERTAIN PUBLIC UTILITY EASEMENT UPON, OVER, ACROSS, ALONG
AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING
A PUBLIC UTILITY OVERHANG EASEMENT OVER, ALONG AND ACROSS A
PORTION OF SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEAR-
ING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND
THE PUBLICATION OF THIS RESOLUTION," whereby it declared its
intention to vacate and abandon and close to public use a
portion of an alley and easement for alley purposes and a
portion of a certain public utility easement 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 did further declare its
intention to reserve a public utility overhang easement over,
along and across a portion of said 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 clos-
ing to public use of said portion of alley and easement for
alley purposes and said portion of public utility easement,
and said reservation of easement for public utility purposes;
and
WHEREAS, said City Council did by said resolution
fix the 29th day of June, 1965 at 1 :30 o'clock .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, abandonment and closing to public use of said por-
tion of alley and easement for alley purposes and said portion
of public utility easement, for all persons interested in or
objecting to such proposed vacation, abandonment and closing
to public use to appear and slow cause, if any they had, why
such portion of alley and easement for alley purposes and
such portion of public utility easement should not be vacated,
abandoned and closed to public use; and
WHEREAS, said resolution was published on the 17th
day of June, 1965, in the Anaheim Bulletin, a newspaper of
-1-
-2-
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, aban-
donment and closing to public use of said portion of alley
and easement for alley purposes and said portion of public
utility easement be posted conspicuously along the lines of
said portion of alley and easement and said portion of public
utility 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 along the line of each of said
portions of alley and easements; and
WHEREAS, Donald O'Donnell did on the 17th day of June,
1965, post conspicuously not less than three (3) such notices
along the line of each of said portions of alley and easements,
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 29th day of
June, 1965, at 1 :30 o'clock P.P., at said City Hall, conduct
a public hearing on the matter of whether said portion of
alley and easement for alley purposes and said portion of
public utility easement, 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 portion of an alley and easement
for alley purposes and said portion of public utility ease-
ment described in the Resolution of Intention and hereinafter
described, are unnecessary for present or prospective alley
and public utility purposes and that an order vacating and
abandoning such portion of said alley and easement and such
portion of public utility easement 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 evidence submitted that
said portion of an alley and easement for alley
purposes and said portion of public utility
easement described in said resolution are unneces-
sary for present or prospective public purposes;
3. That it does hereby order that said portion of
alley and easement for alley purposes and said
portion of public utility easement be, and they
are hereby, vacated, abandoned and closed to pub-
lic use;
4. That said portion of alley and easement for alley
purposes and said portion of public utility ease-
ment herein ordered vacated, abandoned and closed
to public use are those certain portions of an alley
and easement for alley purposes and an easement for
public utility purposes described in said resolution
No. 65R -424, are situated in the City of Anaheim,
County of Orange, State of California, and are more
particularly described as follows:
Parcel 1:
That portion of the dedicated alley (15.00 feet
wide) lying between Lots 23 and 24 of the Gress
well Subdivision, as shown on a Map recorded in
Book 6, page 47 of Miscellaneous Maps, records of
Orange County, California.
EXCEPTING THEREFROM the Southerly ten (10) feet
thereof.
Parcel 2:
The Westerly five (5) feet of that certain public
utility easement to the City of Anaheim, designated
as Parcel #2, in Resolution No. 2917, recorded
September 2, 1953 as Document Number 58901 in
Book 2568, page 26 of Official Records of Orange
County, California, described as follows:
Beginning at a point on the Westerly extension of
the North line of Lot 23 of the Gresswell Subdivi-
sion (as shown on a Map recorded in Book 6, page 47
of Miscellaneous Maps, Records of Orange County,
California), said point being 14 feet West of the
Northwest corner of said Lot 23; thence North 0
01' West a distance of 264.08 feet to a point;
thence South 89 58' 38 West 21.00 feet; thence
South 0 01' East a distance of 264.08 feet to an
intersection with the Westerly extension of the
North line of said Lot 23 of Gresswell Subdivi-
sion; thence East along the North line of said
Lot 23 extended a distance of 21.00 feet to the
point of beginning.
5. That it finds that a public utility overhang ease-
ment, to commence above a height of fifteen (15)
feet, over along and across that certain portion
of the public utility easement hereinbefore des-
cribed and designated as Parcel 2, should be
reserved.
6. That it does hereby order that a public utility
overhang easement, to commence above a height of
fifteen (15) feet, over, along and across that
certain portion of the public utility easement here
inbefore described and designated as Parcel 2, be
reserved.
AND BE IT FURTHER RESOLVED that the City Clerk be,
and she is hereby, authorized and directed to cause a certi-
fied 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.
THE FOREGOING RESOLUTION is approved and signed by
me this 29th day of June 19 65
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
a
(SEAL)
19 65
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify th. the foregoing resolution was
passed and ,..dopted -'.t
regular meeting of
the City Council held on the 29tth day of Tun
19 65 by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein
NOES: COUNCILMEN: None
A ;SENT: COUNCILMEN: None
AND I FUR' _'s "ER CERTIFY that the Mayor of the City of
An pproved and signed s.id resolution on the 29th d
of .Tune 19 65
IN WITNESS WHEREOF, 1 h
ffixed the set of the City of Ana heim this 29th day of
June
ve hereunto set my hand and
CLERK OF THE CITY OF ANAHEIM
1, DENE M, WILLIAMS, CITY CLERK CF THE CITY OF ANAHEIM,
DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN-
AL OF RESOLUTION NO. r DULY PASSED AND
ADOPT :Y THE ANAHEIM CITY COUNCIL ON
4 44
AN HE
CITY CLERK