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70R-286 RESOLUTION NO. 70R- 286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AL~AHElIvJ ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF ~~ EXISTING DRAINAGE CHANNEL AL\ID EASEl"JENT FOR DRAINAGE PURPOSES OVER. UNDER AND ACROSS 'l'HE HERE- INAFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 12th day of ~~y 1970, pass its Resolution No. 70R-24l entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE ~~D ABM~DON A PORTION OF AN EXISTING DRAINAGE CHANNEL AND EASENENT FOR DRAINAGE PURPOSES OVER, UNDER AND ACROSS 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, II whereby it declared its intention to vacate, abandon and close to public use a portion of an existing drainage channel and easement for drainage purposes over, under and across 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 drainage channel and easement; and WHEREAS, said City Council did by said resolution fix the 9th day of June, 1970, at 1:30 o'clock P.M. in the Council Chamber in the Ci ty Hall of the Ci ty 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 portion of drainage channel and easement for drainage 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 drainage channel and easement for drainage purposes should not be vacated, abandoned and closed to public use.. and WHEREAS, said resolution was published on the 28th day of May, 1970, 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 resolut.ion 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 drainage channel and easement for drainage purposes be posted conspicuously along the line of said portion of drainage channel and 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 pos ted i and vlliERElili, DONliLD R. 0' Donnell did on the 28th day of May, 1970, post conspicuously not less than three (3) such notices along the line of said portion of drainage channel and easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- WHEREAS, said City Council did on the 9th day of June, 1970, 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 drainage channel and easement for drainage 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 evidence submitted that said portion of drainage channel and easement for drainage purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective drainage purposes, and that an order vacating and abandoning such portion of drainage channel and easement for drainage purposes as described in the Resolution of Intention should be made. NOW, THEREFORE, BE I'r RESOLVED by the City Council of the Ci ty 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 drainage channel and easement for drainage purposes described in said resolution is unnecessary for present or prospective public purposes: 3. That it does hereby order that said portion of drainage channel and easement for drainage purposes be, and they are hereby, vacated, abandoned and closed to public use: 4. That said portion of drainage channel and easement herein ordered vacated, abandoned and closed to public use are that certain portion of drainage channel and easement for drainage purposes in said Resolution No. 70R-24l, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: An easement for drainage purposes over the North 8 feet and the West 8 feet of the North 109 feet of that portion of the Southeast quarter of the Southeast quarter of Section 19, Township 4 South, Range 10 West, in the Rancho Los Coyotes, County of Orange, State of California, as said section is shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows: Beginning at a point on the east line of said Section 19, North 00 21' 30" West, 478.59 feet from the southeast corner of said sectioni thence South 890 38' 30" West, 40.00 feeti thence South 810 14' 05" West, 256.76 feet, thence North 00 21' 30n West, 239.50 feet to the north line of the South half of the Southeast quarter of the Southeast quarter of said Section 19, thence North 890 26' 2211 East, 294.00 feet along said north line to the east line of said section; thence South 00 21' 30" East, 203 feet to the point of beginning. EXCEPTING THEREFROM the southerly 6 feet thereof. -2- . ~.;..".......,.-,"..."-_~",,.-.;v 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 9th day of June, 1970. /~-1 ~' / I . t ! ' _.___ '>,:' i.~1 / ,," /~, " - '..~.,{;L- -~ . '/ ~~L~ ~ THE CITY -OF ANAHEIM f I ATTEST: ')~" -OF~;'TH~~AHEIM- 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 was passed and adopted at a regular meeting of the City Council held on the 9th day of June, 1970, by the following vote of the members thereof; AYES: COUNCILNEN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: COlJNCILMEN: None ABSENT: COUNCILMEN: None N~D I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of June, 19 70 . IN WITNESS WHElillOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of June, 19 70 . ~ /~ N, ~ Y CLERK OF THE CITY OF ANAHEIM (S EAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-286 duly passed and adopted by the Anaheim City Council on June 9, 1970. <Q N_~ ~ City Clerk -3-