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70R-144 RESOLUTION NO. 70R-144 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A}JAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EXISTING PUBLIC UTILITY EASE- MENT AND RIGHT OF WAY FOR ALLEY PURPOSES UPON, UNDER, ACROSS, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING THEREFROM AN EASEMENT FOR PUBLIC UTILITY PUR- POSES, INCLUDING, BUT NOT LIMITED TO, SANITARY SEWERS UPON, ALONG, OVER AND THROUGH SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THERE- OF AND THE PUBLICATION OF THIS P~SOLUTION. ~~EREAS, a request has been made for the abandonment of an existing public utility easement and right of way for alley purposes upon, under, across, along, over and through the herein- after described real property, reserving therefrom an easement for public utility purposes, including, but not limited to, sanitary sewers, upon, along, over and through said property; and WHEREAS, the City Council does elect to proceed 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; and to proceed under the provisions of the Street Vacation Act of 1941, to abandon and vacate said right of way for alley purposes. 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 that certain existing public utility easement and right of way for alley purposes upon, under, across, along, over and through the following described real property, reserving therefrom an easement for public utility purposes, including, but not limited to, sanitary sewers upon, along, over and through said following described real property situated in the City of Anaheim, County of Orange, State of California, to wit: That certain existing public utility easement and right of way for alley purposes located in the City of Anaheim, 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 abandoned, described as follows: Parcel One: The northerly 30 feet of Lot Four in Block "G" of the New Subdivision of Vineyard Lot D-5 as shown on a Map recorded in Book 17, page 72 of Miscellaneous Maps, records of Orange County, California. Parcel Two: The southerly 42.50 feet of that certain 15.5 foot alley lying easterly of and adjacent to the east line of Lot 3 and portion of the east line of Lot 4 in Block "G" of the New Subdivision of Vineyard Lot D-5 as shown on a Map recorded in Book 17, page 72 of Miscellaneous Maps, records of Orange County, California. -1- _...O_.T.....__ - Reserving therefrom an easement for public utility pur- poses including but not limited to sanitary sewer purposes, over, under and across the entire parcel described above in Parcel Two. and that it does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code and the Street Vacation Act of 1941; and BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the Office of the City Clerk for further particu- lars as to the proposed vacation, abandonment and closing to public use of said existing public utility easement and right of way for alley purposes; and BE IT FURTHER RESOLVED that a time and place for hearing 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. That the 14th day of April, 1970, 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 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 have, why such easement and right of way and the use there- of 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 right of way and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said easement and right of way 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. 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 right of way; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affidavit 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 circu- lated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of March, 1970. ATTEST: ~ /x. 2b~;,~ CI Y CLERK OF THE CITY OF ANAHEIM JHD/ms-3-25-70 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that. the foregoing Resolution No. 70R-144 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 24th day of March, 1970, by the following vote of the members thereof: AYES: COVNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FUR'IDiER CERTIFY that the Mayor of the City of AnahE!im approved and signed said Resolution No. 70R-144 on the 24th day of March, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of March, 1970. Jl hr. ~__,~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-144 duly passed and adopted by the Anaheim City Council on March 24, 1970. ~)x.~ City Clerk --.,.