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1955-2638RESOLUTION NO. 2698 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABAvDONMENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS AND ALONG 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 25th day of January, 1955, pass its Ordinance No. 966, 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, OVER AND ACROSS THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS ORDINANCE," whereby it declared its intention to vacate, abandon and close to public use an easement for public utility purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The southerly five (5) feet of Lot 1 and the northerly five (5) feet of Lots 2, 3, 4, 5 and 6 of Tract 2090, as shown on a map thereof filed in Book 61, pages 38 -39 of Miscellaneous Maps, Records of Orange County. AND WHEREAS, said 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, abandon- ment and closing to public use of said easement for public utility purposes; and WHEREAS, said City Council did by said Ordinance fix the 21st day of February, 1955 at 7:00 o'clock P.M., in the City Hall in the City of Anaheim as the time and place for a public hearing on the matter of such vacation, abandon- ment and closing to public use of said easement, for all persons interested in or objecting to such vacation, abandon- ment and closing to public use to appear and show cause, if any they had, why such easement should not be vacated, abandoned and closed to public use; and WHEREAS, said Ordinance was published on the 29th day of January, 1955 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 easement be posted con- spicuously along the line of said easement not more than 300 feet apart, at least ten (10) days before said hearing, and not less than three (3) such notices should be posted; and WHEREAS, Duane R. Stout did on the 10th day of Febru- ary, 1955 post conspicuously three (3) such notices along the line of said easement, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- WHEREAS, said City Council did on the 21st day of February, 1955 at 7 :00 o'clock P.M., at said City Hall, con- duct 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 evi- dence submitted that said easement for public utility pur- poses, 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 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 the evidence submitted that said 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 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. 966 and is more particularly described as follows: An easement for public utility purposes upon, over, across and along the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The southerly five (5) feet of Lot 1 and the northerly five (5) feet of Lots 2, 3, 4, 5 and 6 of Tract 2090, as shown on a map thereof filed in Book 61, pages 38 -39 of Miscellaneous Maps, Records of Orange County. 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 RESOLUTION is approved and signed by me this 21st day of February, 1955. ATTEST: k 1"- ///1 CITY C T,FRK OF CITY OF ANAHEIM `IA R r THE CITY 0 ANAHEIM. -2- STATE OF CALIFORNIA COUNTY CF ORANGE s s CITY OF ANAHEIM I, DE NE E. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 21st day of February, 1955, by the following vote of the members thereof: AYES: CGUIICIL1a7: Pearson, Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution_ on the 21st day of February, 1955. Ii WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of February, 1955. (SEAL) CITY CLERIC CF TEE CITY CF ANAHEIM.