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66-125 _. RESOLUTION NO. 66R- 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF'lHAT PORTION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER, ACROSS, ALONG 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 14th day of December, 1965, pass its Resolution No. 65R-9l3, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER, ACROSS, ALONG 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 RESOLU- TION," whereby it declared its intention to vacate, abandon and close to public use tl:-.at port ion of a former Anaheim Union Water Company right of way easement over, across, along and through the hereinafter described property under the provisions 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 portion of easement; and WHEREAS, said City Council did by said resolution fix the 4th day of January, 1966, 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, aban- donment and closing to public use of said portion of easement 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, wby such portion of easement and the use thereof for public purposes should not be vacated, aban- doned and closed to public use; and WHEREAS, said resolution was published on the 23rd day of December, 1965, 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, abandon- ment and closing to public use of said portion of easement be posted conspicuously along the line of said portion of easement, not more than 300 feet apart, at least ten (10) days before said hearing, and that not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 23rd day of December, 1965, post conspicuously not less than three (3) such notices along the line of said portion of easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- - WHEREAS, said City Council did on the 4th day of January, 1966 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 that portion of a former Anaheim Union Water Company right of way easement hereinafter described, should be vacated, abandoned and closed to public use, and at sak1 hear- ing did hear evidence thereon; and WHEREAS, the City Council finds from all of the evi- dence submitted that said portion of easement described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public purposes, and that an order vacating and abandoning such portion of easement as described in the Resolution of Intention and hereinafter described 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 portion of easement described in said resolution is unneces- sary for present or prospective public purposes; 3. That it does hereby order that said portion of easement be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of easement herein ordered vaca- ted, abandoned and closed to public use is that certain portion of easement described in said Resolution No. 65R-9l3, is situated .in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of the existing Anaheim Union Water Company right of way (8 feet wide) acquired by deed recorded May 15, 1896 in Book 24, pages 4 and 5 of Deeds, and conveyed to the City of Anaheim by Quitclaim Deed re- corded september 25, 1964 in Book 7235, page 256 of Offi- cial Records of Orange County, California, located in the City of Anaheim, County of Orange, State of California, lying parallel with and eight (8) feet easterly and southerly of the following described line: Beginning at the Southwest corner of Tract No. 1599, as shown on a Map recorded in Book 52, page 24 of Miscellaneous Maps, records of Orange County, Cali- fornia; thence North 150 55' 00" West 658.68 feet along the West line of said Tract No. 1599 to the Northwest corner thereof; thence North 740 16' 30" East 649.35 feet along the North line of said Tract No. 1599 and the Easterly prolongation thereof to an intersection with the Southerly prolongation of the West line of Orange Street, as said street is shown on a Map of Survey by William Hamel recorded in Book 4, pages 629 and 630 of Deeds, records of Los Angeles County, California, said point of intersection being the point of terminus of the line herein above described. -2- 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. me this THE FOREGOING RESOLUTION is -.pproved and signed by 23rd day of February ,19....2L. ~'/. ~/.. ., " /, ...." , ,1',' I PRO TEM ATTEST: ~}~~ STATE OF CALIfORNIA COUNTY OF ORANGE CITY OF ANAHE 1M ~ ) ss. I, DENE Mo 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 ~3l'd day of February , 19~, by the follow- ing vote of t e members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley Pro Tern AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said resolution on the ?3l'd day of Februarv ,19~o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of Februarv , 19 66. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein ~... ... . ("': _ '- r': ~ ' . "'---- -~~~tE~OF~O;~HEIM (SEAL) - I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R-125 duly passed and adopted by the Anaheim City Council on February 23, 1966. 1-> i I ~ ~. .. ~ , t_) -) G---, , //{. h~ #I ,..........--' CITY CLERK