59R-5574
RESOLUTION NO. 5574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF THAT PORTION 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
6th day of October, 1959, pass its Ordinance No. 1398, entitled
"AN ORDINANCE OF THE CITY QB' ANAHEIM DECLARING THE INTENTION OF
THE CITY COUNCIL TO VACATE AND ABANDON THAT PORTION OF AN
EASEMENT 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 ORDINANCE; AND
REPEALING ORDINANCE NO. 1371," whereby it declared its intention
to vacate and abandon and close to public use that portion of an
easement for public utility purposes upon, along, over and through
the following described property situated in the City of Anaheim,
County of Orange, State of California, to wit:
The Southerly 2.75 feet of the Northerly 5.00 feet
of the Southerly 450.78 feet of Lot 4, in Block
"A" of Tract No. 13, as shown on a map thereof
recorded in Book 9, Page 12 of Miscellaneous Maps,
Records of Orange County, California.
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 Ordinance re-
ferred 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 an easement for public
utility purposes; and
WHEREAS, said City Council did by said Ordinance fix
the 27th day of October, 1959, at 7:00 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 vaca-
tion, abandonment and closing to public use of said portion of
an 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 portion of an easement for public utility purposes
should not be vacated, abandoned and closed to public use; and
WHEREAS, said Ordinance was published on the 15th day
of October, 1959, in the Anaheim Gazette, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, Orange County, California; and
WHEREAS, by said Ordinance said City Council directed
that notices of the passage of said Ordinance 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 an easement
for public utility purposes be posted conspicuously along the
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line or said portion or an easement, not more than 300 reet apart,
at least ten (10) days berore said hearing, and that not less
than three (3) such notices should be posted; and
WHEREAS, Vincent L. Tock did on the 15th day or October,
1959, post conspicuously not less than three (3) such notices,
which notices were posted not more than 300 feet apart, and were
posted along the line or said portion or easement at least ten
(10) days berore said hearing; and
WHEREAS, said City Council did on the 27th day of
October, 1959, at 7:00 o'clock P.M., at said City Hall, conduct
a public hearing on the matter or whether said portion or an
easement for public utility purposes, hereinafter desoribed,
should be vacated, abandoned and closed to public use, and at
said hearing did hear evidence thereon; and
WHEREAS, the City Council rinds from all the evidence
submitted that said portion or an easement ror public utility
purposes described in the Ordinance or Intention and hereinarter
described, is unnecessary for present or prospective public
utility purposes, and that an order vacating and abandoning such
portion or an easement ror public utility purposes as described
in the Ordinance or Intention should be made.
NOW, THEREFORE, BE IT RESOLVED by the City Counoil or
the City or Anaheim:
1. That it rinds the recitals hereinabove set rorth
in this Resolution to be true;
20 That it finds rrom all the evidenoe submitted that
said portion of an easement ror public utility purposes desoribed
in said Ordinance is unneoessary ror present or prospective
public purposes;
3. That it does hereby order that said portion or an
easement for public utility purposes be, and it is hereby,
vacated, abandoned and closed to public use;
4. That said portion or an easement herein ordered
vacated, abandoned and closed to public use is that oertain ease-
ment described in said Ordinance No. 1398, is situated in the
City or Anaheim, County of Orange, State or California, and is
more particularly described as follows:
That portion of an easement ror public utility
purposes upon, along, over and through the rol-
lowine described property, to wit:
The Southerly 2.75 reet or the Northerly 5.00 reet
or the Southerly 450.78 reet or Lot 4, in Block
"A" or Tract No. 13, as shown on a map thereof
recorded in Book 9, Page 12 of Miscellaneous Maps,
Records or Orange County, Calirornia.
AND BE IT FURTHER RESOLVED that the City Clerk be, and
she is hereby, authorized and directed to cause a certified copy
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or this Resolution and Order, attested by her under the seal or
the City or Anaheim, to be recorded in the Orrice or the County
Recorder or Orange County, Calirornia.
THE FOREGOING RESOLUTION is approved and signed by me
this 27th day of October, 1959.
~~ii~
MAYOR/ 'cr G AH
ATTEST:
I .
if.. '-//1 .....~
W~aLERK OF -THt~ U A '
)
) as.
)
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certiry that the roregoing Resolution was introduced
and adopted at a regular meeting provided by law of the City
Council or the City of Anaheim, held on the 27th day of October,
1959, by the rollowing vote:
AYES:
NOES:
COUNCILMEN: Coons, Fry, Pearson, Thompson and
Schutte.
COUNCILMEN: None.
ABSENT:
COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor or the City or
Anaheim approved and signed said Resolution on the 27th day or
October, 1959.
IN WITNESS WHEREOF, I have hereunto set my hand and
afrixed the orricial seal or the City or Anaheim this 27th day
of October, 1959.
'~. CL.
~f~~K~;r TrIE/k~'
(SEAL)
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