70R-185
RESOLUTION NO. 70R- 185
A RESOLUTtION OF THE CITY COUNCIL OF THE CITY
OF ANAHEI~ ORDERING THE VACATION AND ABANDON-
MENT OF ~ EXISTING PUBLIC UTILITY EASEMENT
AND RIGHTI OF WAY FOR ALLEY PURPOSES UPON,
UNDER, ACJtOSS, ALONG, OVER AND THROUGH THE
HEREINAFT~R DESCRIBED REAL PROPERTY; RESERVING
THEREFROM: AN EASEMENT FOR PUBLIC UTILITY
PURPOSES PPON, ALONG, OVER AND THROUGH THE
HEREINAFT~R DESCRIBED REAL PROPERTY.
WHEREAS, the City Council of the City of Anaheim, a
municipal corporatipn of the State of California, did on the
24th day of March, ~970, pass its Resolution No. 70R-144, where-
by it declared its ~ntention to vacate and abandon to public use
an existing public utility easement and right of way for alley
purposes upon, undet, across, along, over and through the here-
inafter described real property; reserving therefrom an easement
for public utility purposes, including, but not limited to,
sanitary sewers upo~, along, over and through said property
under the provision$ of the Street Vacation Act of 1941 and the
Public Service Ease~nt Vacation Law, Title 5, Division 1, Article
5 of the Government Code; and
WHEREAS, the City Council did further declare its
intention to reserv$ an easement for public utility purposes,
including, but not limited to, sanitary sewers upon, along, over
and through said pr<!>perty; and
WHEREAS. the City Council in said resolution referred
to a map on file in the Office of the City Clerk for further par-
ticulars as to the groposed vacation, abandonment and closing
to public use of said existing public utility easement and right
of way for alley pu~poses, and said reservation of easement for
public utility purposes; and
WHEREAS. said City Council did by said resolution fix
the 14th day of April, 1970, at 1:30 o'clock P.M. in the Council
Chamber in the City Hall of the Ci ty 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 public utility easement
and right of way for alley 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 public utility easement and right of way for alley pur-
poses should not be vacated, abandoned and closed to public use;
and
WHEREAS. said resolution was published on the 2nd day
of April, 1970, in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, County of Qrange, 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, abandonment
and closing to public use of said public utility easement and
right of way for alley purposes be posted conspicuously along
the line of said eas~ment and right of way, not more than 300
feet apart at least ten (lO) days before said hearing, and that
not less than three (3) such notices should be posted along the
line of said easement and right of way; and
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WHEREAS, Donald R. O'Donnell did on the 2nd day of April,
1970, post conspicqously not less than three (3) such notices
along the line of ~aid public utility easement and right of way
for alley purposes, which notices were posted less than 300 feet
apart; and were po~ted at least ten (10) days before said hearing;
and
WHEREAS, said City Council did on the 14th day of April,
1970, at 1:30 o'clQck P.M., at said City Hall, conduct a public
hearing on the mat~er of whether said public utility easement and
right of way for a~ley 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 evidence sub-
mitted that said p~lic utility easement and right of way for
alley purposes desdribed in the Resolution of Intention and here-
inafter described 4re unnecessary for present or prospective
utility or alley p~rposes and that an order vacating and abandoning
such easement and Jtight of way should be made.
NOW, THE~FORE, BE IT RESOLVED by the City Council of
the City of Anaheim:
1. That it finds the recitals hereinabove set forth
in this Jtesolution to be true;
2. That it finds from all evidence submitted that said
existing public utility easement and right of way
for alley purposes, located at the east side of
Clementine Street, south of Cypress Street, des-
cribed in said resolution are unnecessary for
present or prospective purposes;
3. That it qoes hereby order that said existing public
utility easement and right of way for alley purposes,
located at the east side of Clementine Street, south
of Cypress Street, be and they are hereby vacated,
abandoned and closed to public use;
4. That said easement and right of way herein ordered
vacated, abandoned and closed to public use are
that easement for public utility purposes and right
of way fQr alley purposes described in said Reso-
lution No. 70R-144, are situated in the City of
Anaheim, County of Orange, State of California,
and are more particularly described as follows:
That certain existing public utility easement and
right of way for alley purposes located in the City
of Anahe~, County of Orange, State of California
as described in the deed to the City of Anaheim,
recorded June 21, 1962 in Book 6153, page 396,
records of Orange County, California to be aban-
doned, described as follows:
Parcel One:
The north!erly 30 feet of Lot Four in Block "G"
of the N~ Subdivision of Vineyard Lot D-5 as shown
on a Map ,recorded in Book 17, page 72 of Miscel-
laneous Maps, records of Orange County, California.
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Parcel TWo:
The sou~erly 42.50 feet of that certain 15.5
foot all~y lying easterly of and adjacent to
the east !line of Lot 3 and portion of the east
line of Ifot 4 in Block "G" of the New Subdivision
of Vineyard Lot D-5 as shown on a Map recorded
in Book ~7, page 72 of Miscellaneous Maps,
records of Orange County, California.
Reserving therefrom an easement for public
utility purposes including but not limited
to sanit~ry sewer purposes, over, under and
across the entire parcel described above in
Parcel TWo.
5. That it ~inds that an easement should be reserved for
public utility purposes, including, but not limited
to, sanitary sewers, upon, along, over and through
the enti~e parcel described above in Parcel Two.
6. That it (toes hereby order that an easement for public
utility purposes, including but not limited to,
sanitary jsewers be reserved upon, along, over and
through the entire parcel described above in Parcel
Two.
BE IT FURTHER RESOLVED that the City Clerk be, and
she is hereby, authiorized 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 RESOLUION is approved and signed by me
this 14th day of Ap~il, 1970.
OF~~ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
SSe
~
I, DENE M. WI LlAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-185 was intro-
duced and adopted at a egu1ar meeting provided by law, of the City
Council of the City of naheim, held on the 14th day of April, 1970,
by the following vote 0 the members thereof:
I
AYES: COUNCI~N: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCI~N: None
ABSENT: COUNCI~MEN: None
AND I FURTHER! CERTIFY that the Mayor of the City of Anaheim
approved and signed sai~ Resolution No. 70R-185 on the 14th day of
April, 1970. !
IN WITNESS WH~EOF,
the official seal of thb City
I have hereunto set my hand and affixed
of Anaheim this 14th day of April, 1970.
~L- /;r:~-:"-- . .
ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. W;LLIAMS, City Clerk of the City of Anaheim, do
hereby certify that th foregoing is the original of Resolution No.
70R-185 duly passed an . adopted by the Anaheim City Council on
April 14, 1970.
.Q-k )t )0-~
City Clerk
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