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70R-066 RESOLUTION NO. 70R 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A FORMER ANAHEIM UNION WA'>>ER COMPANY RIGHT OF WAY EASEMENT OVER, AClOSS, ALONG AND THROUGH THE HERE- INAFTER QESCRIBED REAL PROPERTY; FIXING A TIME Al'{D PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of a former Anahei.IR Union Water Company right of way easement over, across, along and through the property hereinafter des- cribed; 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 easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anahei.IR that it does hereby declare that it intends to vacate, abandon and close to public use a former Anaheim Union Water Company right of way easement over, across, along and through the following described property situated in the City of Anaheim, county of Orange, State of California, to wit: PARCEL ONE That portion of Lot 83 and Lot 84 of Tract No. 1247, as shown on a Map recorded in Book 58, pages 26< through 28 of Miscellaneous Maps, records of Orange County, California, Iring parallel with and 5 feet on each side of the follow ng described centerline: Beginning at the northwest corner of Lot 83 of said Tract 1247; thence following along a portion of the north line of said Lot 83, North 540 51' 30" East a distance of 44.48 feet; thence southeasterly 65.69 feet to an inter- section with the easterly line of said Lot 83, said point of intersection being distant 23.47 feet from the north- east corner of said Lot 83, measured along the easterly line of said Lot 83, said point of intersection also being the point of terminus of the line herein described. PARCEL TWO The westerly 4 feet of the southerly 16 feet of Lot 85 and the westerly 4 feet of Lot 84 of Tract 1247 as shown on a Map recorded in Book 58, pages 26 through 28 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM any portion thereof described above in Parcel One. 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 -1- BE IT FURTHER RESOLVED that reference is hereby made 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 easement; and BE IT FURTHER RESOLVED that a time and place for hear- ing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the dateoz the passage of this res Qlution . That the 24th day of February. , 1970, at 1:30 o'clock P.M., in the Council Chamber 1nthe 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 oz said easement for all persons interested in or objecting to such proposed vacation,~andonment and closing to public use to appear and show cause, if any they have, why such easement and the use thereof for public purposes 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 the use thereof for public purposes shall be posted conspicuously along the line of said easement 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 along the line of said easement. 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 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 post- ing 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 3rd day of February, 1970. 1)0 ~ ~~~ OF ANAHEIM ATTEST: ~ Jr~ eI i!aERK OF THE C TY OF ANAHEIM -2- -. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SSe ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-66 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 3rd day of February, 1970, by the following vote df the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-66 on the 3rd day of Feb- ruary, 1970. IN WITNESS WHEREOF, I have hereuijto set my hand and affixed the official seal of the City of Anaheim this 3rd day of February, 1970. ~,}?~ CI 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-66 duly passed and adopted by the Anaheim City Council on Feb- ruary 3, 1970. t, ~. ?);/~ City Clerk