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1965-933RESOLUTION NO. 65R- 933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN EASEMENT FOR IRRIGATION PURPOSES OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 30th day of November, 1965, pass its Resolution No. 65R -868, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN EASEMENT FOR IRRIGATION PURPOSES 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 RESOLUTION," whereby it declared its intention to vacate, abandon and close to public use a portion of an easement for irrigation purposes over, across, along and through the hereinafter described property 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 portion of easement; and WHEREAS, said City Council did by said resolution fix the 21st day of December, 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 portion of easement for irrigation 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 ease- ment for irrigation purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 9th day of December, 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 portion of easement for irrigation purposes be posted conspicuously along the line of said portion of 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 WHEREAS, Donald R. O'Donnell did on the 9th day of December, 1965, post conspicuously not less than three (3) such notices along the line of said portion of 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 21st day of December, 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 portion of easement for irrigation 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 finds from all of the evi- dence submitted that said portion of easement for irrigation purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective irrigation purposes, and that an order vacating and abandoning such portion of easement for irrigation 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 portion of easement for irrigation purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of easement for irrigation purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of easement herein ordered vacated, abandoned and closed to public use is that certain portion of easement described in said Resolution No. 65R -868, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of an existing Anaheim Union Water Company irrigation easement 16.50 feet wide, located in the City of Anaheim, County of Orange, State of California, con- veyed to the City of Anaheim by quitclaim deed recorded September 9, 1965 in Book 7235, page 256 of Official Records of Orange County, California, described as follows: Beginning at a point North 0 03' 13" East 960.04 feet from the center line intersection of North West Street and West La Palma Avenue, as shown on a Map of Tract No. 1691, recorded in Book 52, pages 18 and 19 of Miscellaneous Maps, records of Orange County, California; thence South 66 22' 46" West 562.70 feet to the Northeast corner of Lot 11 of said Tract No. 1691; thence South 66 22' 46" West 1,142.35 feet, more or less, along the Northerly line of said Tract 1691 and the Southwesterly prolongation thereof to the point of intersection with the East line of Tract No. 1859, as shown on a Map recorded in Book 55, pages 38 and 39 of Miscellaneous Maps, records of Orange County, California; thence North 0 03' 08" East 22 feet, more or less, to the Southeast corner of Lot 52 of said Tract 1859; thence North 89 39' 39" East 23.73 feet; thence North 66 22' 46" East 61.44 feet to the South- west corner of Lot 24 of Tract No. 2270, as shown on a Map recorded in Book 62, pages 49 and 50 of Miscellaneous Maps, records of Orange County, California; thence North 66 22' 46" East 1,617.80 feet, more or less, along the Southerly line of said Tract 2270, and the Northeasterly prolongation thereof to an intersection with the center line of West Street, as said intersection is shown on the Map of said Tract No. 2270; thence South 0 03' 13" West 28.02 feet along the center line of said West Street to the point of beginning. EXCEPTING THEREFROM the Easterly 105 feet. AND BE 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. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of December, 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 -933 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 21st day of December, 1965, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -933 on the 21st day of December, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day df December, 1965. (SEAL) AYES: COUNCILMEN: Dutton, Pebley, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -933 duly passed and adopted by the Anaheim City Council on December 21, 1965.