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58R-4612 --- RESOLUTION NO. 4612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF EASmmNTS FOR PUBLIC UTILITY AND DRAINAGE 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 27th day of May, 1958, pass its Ordinance No. 1243, entitled "AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE INTENTION OF THE CITY COUNCIL TO VACATE AND ABANDON EASEMENTS FOR PUBLIC UTILITY AND DRAINAGE 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. 1236," whereby it declared its intention to vacate and abandon and close to public use easements for public utility and drainage 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 Easterly 10 feet of Lots 18, 19, 30 and 31 of Tract No. 3011, all as shown on a map filed in Book 94, Pages 12 and 13 of Miscel- laneous 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 Ci ty 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 easements for public utility and drainage purposes; and WHEREAS, said City Council did by said Ordinance fix the 17th day of June, 1958, 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 easements for public utility and drainage 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 easements for public utility and drainage purposes should not be vacated, abandoned and closed to public use; and .,...., WHEREAS, said Ordinance was published on the 3rd 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 easements f'or public utility and drainage purposes be posted conspicuously along the lines of' said easements, 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 Aguilera did on the 6th day 01' June, 1958, post conspicuously six (6) such notices, which notices vere posted not more than 300 teet apart, and were posted along the lines of said easements at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 17th day 01' June, 1958, at 7:00 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said easements for public utility and drainage purposes, hereinafter described, should be Tacate~ abandoned and closed to public use, and at said hearing did hear evidence thereon; and did continue said hearing to July 1, 1'158, and WHEREAS, the Ci ty Council finds from all the evidence submitted that said easements for public utility and drainage purposes described in the Ordinance 01' Intention and hereinafter described, are unnecessary tor present or prospective public utili ty and drainage purposes, and that an order vacating and abandoning such easements for public utility and drainage purposes as described 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 hereinaboTe set forth in this Resolution to be true; 2. That it finds from all the evidence submitted that said easements for public utility and drainage purposes described in said Ordinance are unnecessary for present or prospectiTe public purposes; 3. That it does hereby order that said easements for public utili ty and drainage purposes be, and they are hereby, Taeated, abandoned and closed to public use; 4. That said easements herein ordered vacated, abandoned and closed to public use are those described in said Ordinance No. 1243, and are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Easements for public utility and drainage purposes, upon, along, over and through the following described property, to wit: The Easterly 10 feet of Lots 18, 19, 30 and 31 of Tract No. 3011, all as shown on a map filed in Book 94, Pages 12 and 13 of Miscellaneous Maps, in the o1'1'1ce or the County Recorder or Orange County, California. - AND BE IT FlJRTHER 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 otfice or the County Recorder of Orange County, California. -2- ..,.-. this THE FOREGOING RESOLUTION is approved and signed b~ me 1st day of July , 1958. 'v // , /' ') u MA~~~;--~J AT'1'EST: ~~6t .:~j(~~ S'l'A'1'E OF CALIFORNIA ) COlJNTY OF ORANGE ) SS. CITY OF .lIIAB:EIM ) I, DEliE M. WILLIAMS, City Clerk of the City of Anaheim, do hereb~ certify that tne foregoing Resolution was introdueed and adopted at an adjourned regular meeting provided by law of the City Council of the C1 ty of Anaheim, held on theIst" day of July, 1958, by the following vote: AYES: NOES: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CER'l'IFY that the Mayor of the Cit~ of Anaheim a~proved and signed said Resolution on the l~t day of July, 195tl. IN WITNESS WHEREOF, I have hereunto set my h8l'1d and affixed the official seal of the City of Anaheim this '1st day of Jilly , 1958. ~#y~ E OF T.tfj!; ~K (SEAL) ,'-" -3-