63-0981RESOLUTION NO. 63R- 981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES
UPON, ALONG, OVER AND THROUGH 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
26th day of November, 1963, pass its Resolution No. 63R -926
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 UPON, ALONG, OVER AND THROUGH
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 upon, along, over
and through 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 17th day of December, 1963, 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 inter-
ested in or objecting 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 5th day
of December, 1963, 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 the hearing on the matter of the vacation, aban-
donment and closing to public use of said easement for public
utility purposes be posted conspicuously along the line of said
easement, 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 5th day of
December, 1963, 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 17th day of
December, 1963, 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 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, aban-
doned and closed to public use;
4. That said easement herein ordered vacated, aban-
doned and closed to public use is that certain easement
described in said Resolution No. 63R -926, is situated in the
City of Anaheim, County of Orange, State of California, and
is more particularly described as follows:
An easement for public utility purposes upon,
along, over and through the following described
property:
That portion of the Southeast quarter of the
Southwest quarter of Section 4, Township 4
South, Range 10 West, in the Rancho San Juan
Cajon de Santa Ana, as shown on a Map recorded
in Book 51, page 10 of Miscellaneous Maps,
records of Orange County, California, being a
strip of land 15 feet in width and lying 7.50
feet on each side of the following described
line:
Beginning at a point on the West line of West
Street, 57.5 feet Southerly of the Southerly
line of the Anaheim Union Water Company right
of way; thence Southwesterly and parallel with
the Southerly line of said Anaheim Union Water
Company right of way a distance of 288.40 feet.
EXCEPTING THEREFROM any portion thereof lying
within West Street.
ATTEST:
r`
(SEAL)
K OF THE ITY OF AN HEIM
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 17th day of December, 1963.
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
17th day of December, 1963, by the following vote of the members
thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Krein
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 17th day of
December, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 17th day of December,
1963.
CI CLER O TY OF NA