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69R-128RESOLUTION NO. 69R- 128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON MENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER. UNDER AND ACROSS 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 llth day of February, 1969, pass its Resolution No. 69R -87 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASE MENT FOR PUBLIC UTILITY 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," whereby it declared its intention to vacate, abandon and close to public use an easement for public utility purposes over, under and across the hereinafter described property, under the pro- visions 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 easement; and WHEREAS, said City Council did by said resolution fix the llth day of March, 1969, 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, abandonment and closing to public use of said easement for public utility purposes, for all persons interested in or ob- jecting to such proposed vacation, abandonment and closing to public use to appear and show cause, if any they had, why such easement for public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 27th day of February, 1969, 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 hearing on the matter of the vacation, abandonment and closing to public use of said easement for public utility purposes be posted conspicuously along the line of said ease- ment, not more than 300 feet apart, at least ten (10). days before said hearing and not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 27th day of February, 1969, post conspicuously not less than three (3) such notices along the line of said 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 llth day of March, 1969, at 1:30 o'clock P.M. in the Council Chambers in the City. Hall of the City of Anaheim, conduct a public hearing on the matter of whether said easement for public utility 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 easement for public utility pur- poses described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such easement for public utility 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 easement for public utility purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said easement for public utility purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein order vacated, aban- doned and closed to public use is that certain easement described in said Resolution No. 69R -87, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain public utility easement located in the City of Anaheim, County of Orange, State of Cali- fornia, conveyed to the Southern California Edison Company, a corporation, by deed recorded in Book 1774, page 229 of Official Records of Orange County, California, and subsequently acquired by the City of Anaheim by Eminent Domain of the acquisition of said Edison Company facilities, described as: The Southerly 10 feet of that portion of the North- west quarter of the Northwest quarter of Section 20, Township 4 South, Range 10 West, S.B.B. M., des cribed as follows: Beginning at a point on the West line of the North- west quarter of said Section 20, 952.6 feet South of the Northwest corner thereof, said point of beginning being the Southwest corner of that certain 14.46 acre parcel of land conveyed to Lucy Frances Bali by deed recorded in Book 32, page 68 of Official Records of Orange County, California, and running thence North along the West line of the Northwest quarter of said Section 20, 10 feet; thence East parallel to the South line of said 14.46 acre parcel 780.66 feet; thence North parallel to the East line of the West half of the Northwest quarter of said Section 20, a distance of 240 feet; thence East parallel with the Southerly line of said 14.46 acre parcel, 550.94 feet to a point on the East line of the West half of the Northwest quarter of said Section 20;. thence South along the said East line 183 feet; thence West parallel with the South line of said 14.46 acre parcel 48 feet; thence South parallel with the East line of the West half of the Northwest quarter of said Section 20, a distance of 147 feet to a point on the South line of said 14.46 acre parcel; thence West along said South line 1,283.60 feet to the point of beginning. 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 llth day of March, 1969. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF ANAHEIM (SEAL) NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MAY S R O r CITY OF AN I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM, CL RK OF THE CITY OF ANAHEIM O HEREBY CERTIFY THAT THE FOREGJING IS THZ ORI IN- AL OF RESOLUTION NO. 69P -198 DULY rP E AND AD LD BY THE ANAHEIM CITY COUNCIL ON 3 -11 -69 CITY CLERK 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 llth day of March, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of March, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of March, 1969. CI Y C OF THE CITY. OF ANAHEIM