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58R-4614 - RESOLUTION NO. 4614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- RENT 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 11th day of June, 1958, pass its Ordinance No. 1250, entitled n AN ORDINANC E OF THE CI TY OF ANAHEIM DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON THAT PORTION OF 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 ORDINANCE," 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 ~~rough the following described property situated in the City of An&~eim, County of Orange, State of California, to wi t: The Northerly 8 feet of the Easterly 165 feet of Lot 1 and the Southerly 5 feet of the Easterly 225 feet of Lot 14 of Tract No. 3248, all as shown on a map filed in Book 99, Pages 31 and 32 of Miscellaneous Maps, in the office of the County Recorder 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 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 an easement for public utility purposes; and WHEREAS, said City Council did by said Ordinance fix the 1st day of July, 1958, at 7:00 o'clock P.M., in the Council Chamber, in the City Hall of ~le 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 portion of an 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 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 20th day of June, 1958, 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 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 line of said portion of an 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 -1- .,..- WHEREAS, Robert J. Avila did on the 21st day of June, 1958, post conspicuously six (6) such notices, which notices were posted not more than 300 feet apart, and were posted along the line of said portion of an easement at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 1st day of July, 1958, at 7:00 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of an easement for public utility purposes, hereinafter described, should be vacated, abandoned and closed to public use, and at said hearing did hear evidence ~~ereon; and WHEREAS, the City Council finds from all the evidence submi teed that said portion of an easement for public utility purposes described in the Ordinance of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such portion of an easement for public utility purposes as de- scribed in the Ordinance 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 portion of an easement for public utility purposes described in said Ordinance is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of an easement for public utility purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of an easement herein ordered vacated, abandoned and closed to public use is that certain ease- ment described in said Ordinance No. 1250, and is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of an easement for public utility purposes upon, along, over and through the fol- lowing described property, to wit: The Northerly 8 feet of the Easterly 165 feet of Lot 1 and the Southerly 5 feet of the Easterly 225 feet of Lot 14 of Tract No. 3248, all as shown on a map filed in Book 99, Pages 31 and 32 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. ~ AND BE IT PORTlIER 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. -2- - THE FORIDOING RESOLUTIon is approved and signed by me this 1st day of July, 1958. t/' '~~ - ,Le:-' ~~c ~F THE OF ANAHEIM- ATTEST: ~ '~~. J .. / . I ~L~fOF ~E~FANAiIEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI TY OF ANAHEIM ) 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 1st day of July, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons NOES: COUNCIU1EN: None ABSENT: COUNCILMEN: ~one AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 1st day of July, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of July, 1958. - ~- I..... A " .-' I if~L~ ~ 'f ~ (SEAL) .- -3-