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59R-5045 RESOLUTION NO. 5045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDEHING ThE VACATION AND ABANDON- MENT OF JU~ EASE~ENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVEH AND THROUGH THE HEREINAFTER DESCRIBED HEAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 27th day of January, 1959, pass its Ordinance No. 1326, entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON AN EASE- MENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPEHTY, FIXING A TIME AND PLACE FOR A HEARING THEREON ;DlRECTING THE POSTING OF NO'rICES 'rHEREOl<' AND THE PUBLICATION OF THIS ORDINANCE,II whereby it declared its intention to vacate and abandon and close to public use an easement for public utility pnrposes upon, along, over and through the following described prop- erty situated in the City of Anaheim, County of Orange, State of California, to wit: A ten foot strip of land located in the City of Anaheim, County of Orange, State of California, being a portion of Tract No. 1843, as shown on a map in Book 53, Pages 45 and 46 of Miscellaneous Maps in the office of the County Recorder of said County, more particularly described as follows: The Northerly 5 feet of Lot 17 and the Southerly 5 feet of Lot 16 of said Tract No. 1843; under the provisions of the Public Service Easement Vacation Law, ritle 5, Division 1, Article 5 of the Government Code. AND WHEREAS, the City Council in said Ordinance 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 for public utility purposes; and WF~REAS, said City Council did by said Ordinance fiz the 17th day of February, 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 vacation, abandonment and closing to public use of said ease- ment for public utility purposes, 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, why such easement for public utility purposes should not be vacated, abandoned and closed to public use; and WhEREAS, said Ordinance was published on the 5th day of February, 1959, in the Anaheim Gazette, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, Orange County, California; and ~~REAS, 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- -1- - ,.-... ment 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 that not less than three (3) such notices should be posted; and WHEREAS, Myron C. Suckut did on the 6th day of February , 1959, post conspicuously three (3) such notices, which notices were posted not more than~ feet apart, and were posted along the line of said easement at least ten (10) days before said hearing; and WHEREAS, said City CouDcil did on the 17th day of February, 1959, at 7:00 o'clock P.M., at said City Hall, 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 the evidence submitted that said easement for public utility purposes described in the Ordinance of Intention and hereinafter described, is unnec- essary for present or prospective public utility purposes, and that an order vacating and abandoning such easement for public utility purposes as described in the Ordinance of Intention should be made. NOW, TtlEFEFORE, 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 Ordin- ance 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 ordered vacated, abandoned and closed to public use is that certain easement described in said Ordinance No. 1326 and 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, to wit: ~ A ten foot strip of land located in the City of Anaheim, County of Orange, State of California, being a portion of Tract No. 1843, as shown on a map in Book 53, Pages 45 and 46 of Miscellaneous Maps in the office of the County Recorder of said County, more particularly described as follows: The Northerly 5 feet of Lot 17 and the Southerly 5 feet of Lot 16, of said Tract No. 1843. -2- ~,"""" A~D BE IT ?JRTHER 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 FOREGOI~G RESOLUTION is approved and signed by me this 17th day of February, 1959. A'rTEST : ~.(~- ) /1- L..-H.L- ..//1 /::<./ ~- CITY CLERK OF THE CITY OF ANAHEIH S'rA'rE 00' CALIFOl"iNIA COUNTY OF OEAl~GE ss. CITY OJ.<' Al~AHEIM I, DENE M~WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was introduced and adopted at an adjourned regular meeting provided by law of the City Council of the City of Anaheim, held on the 17th day of February, 1959, by the following vote: AYES: COUNCIUJi8N: Borden, Coons, Fry, Pearson and Schutte NOES: COUNC.LL!'IEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 17th day of February, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of February, 1959. a ...... );~--- / ' /'. -/. c .-L- )?(. ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAl.,) .~ -3-