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56R-3467 --- RESOLUTION NO. 3467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONl.ffiNT OF AN EASEMENT FOR ALLEY PUR- POSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 14th da~ of August, 1956, pass its Ordinance No. 1084, en- titled IAN ORDINANCE OF THE CITY OF ANA~~IM DECLARING THE IN- TENTION OF THE CITY COUNCIL TO VACATE AND ABANDON AN EASEMENT FOR ALLEY PURPOSES, UPON, OVER, ACROSS AND ALONG THE HEREIN- AFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUB- LIO UTILITY PURPOSES, OVER, UNDER AND ACROSS A PORTION OF SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS ORDINANCEII, whereby it declared its intention to vaoate and abandon and close to public use an easement for alley pur- poses upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: An easement for alley purposes 20 feet in width, being the southerly 10 feet of Lots 1, 2, 3 and 4, and the northerly 10 feet of Lots 13 and 14 of Traot 1969, recorded in Book 64, pages 5 and 6 of Miscellaneous Maps of Orange County, California. under the provisions of the Street Vacation Act of 1941. AND WHEREAS, the City Council did further deolare its intention to reserve an easement for public utility purposes over, under and across the southerly 5 feet of Lots 1, 2, 3, and 4, and the northerlY 5 feet of Lots 13 and 14 of said Tract 1969; and WHEREAS, the City Council in said Ordinance referred to a map on file in the Office of the City Clerk for further parti- culars as to the proposed vacation, abandonment and closing to public use of said easement for alley purposes and said reserva- tion of easement for pUblic utility purposes; and <~ WHEREAS, said City Council did by said Ordinance fix the 11th day of September, 1956, 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 suoh vacation, aband- onment and closing to nublic use of said easement for alley pur- poses, 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 alley purposes should not be vacated, abandoned and closed to public use; and HHEREAS, said Ordinance was published on the 20th day of August, 1956, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, California; and -1- .--' 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, aban- donment and closing to public use of said easement for alley purposes be posted conspicuously along the lines of said ease- ment, not more trilin 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, Earl T. Bouslog did on the 30th day of August , ~956, post conspicuously five such notices along the lines of said easement, which notices were ~osted less than 300 feet apart, and were posted at least ten (10) days be- fore said hearing; and WHEREAS, said City Council did on the 11th day of Septem- ber, 1956, at 7:00 o'clock P.H., at said City Hall, conduct a public hearing on the matter of whether said easement for alley 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 evidence submit- ted thB. t said easement for alley purposes described in the Ordi- nance of Intention and hereinafter described, is unnecessary for present or prospective alley purposes and that an order vacating and abandoning such easement 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 evidence submitted that said easement for alley pW'poses described in said Ordinance is un- necessary for present or prospective public purposes; 3. That it does hereby order that said easement for alley purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein ordered vacated, abandoned and closed to nublic use is that certain easement described in said Ordinance'No. 1084 and is more particUlarly described as follows: An easement for alley purposes 20 feet in width, being the southerly 10 feet of Lots 1, 2, 3 and 4 and the northerly 10 feet of Lots 13 and 14 of Tract 1969, recorded in Book 64, pages 5 and 6 of Miscellaneous Maps of Orange County, California. ..---.. 5. That it finds that an easement for public utility purposes over, under and across the southerly 5 feet of Lots 1, 2, 3 and 4 and the northerly 5 feet of Lots 13 and 14 of said Tract 1969 should be reserved. 6. That it does hereby order that an easement for pub- lic utility purposes over, under and across the southerly 5 feet of Lots 1, 2, 3 and 4 and the northerly 5 feet of Lots 13 and 14 of said Tract 1969 be reserved. -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. THE FOREGOING nESOLUTION is approved and signed by me this 11th day of September, 1956. ~ .) / ("'~ 2e \,,-'.---- '~--.:z.-..--{---.-- ". ~ HAYOR OF THE CITY OF ANAHEIM" ATTEST: /' / ! l'~;HA ~// CITY CLERK OF /.(/-~.t..c4 ,en: k THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. 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 11th day of September, 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN~ : None .AB SENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Ana- heim signed and approved said Resolution on the 11th day of September, 1956. IN WITNESS WHEREOF, I h&ve hereunto set my hand and affixed the seal of the City of Anaheim this 11th clay of September, 1956. / "_ c,__ AXh..<C )/1 IG~~.c~,.o>'t..'-' CITY CLERK OF THE CITY OF ANAHEIM ,"""'" -3-