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1968-178R S0LUTIOii JO. 66R- 178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Atiti EIi'w DECLARING ITS INTENTION TO VACATE AND ABANDON ANY PORTIO1v' OF THOSE FORE ER ANAHEIi UNION WATER COMPANY RIG HT OF WAY EASETD NTS FOR IRRIGATION, FLUME AND DITCH PURPOSES FOR ThE CONVEYANCE OF WATER OVER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER DESCRIEED REAL PROPERTY; FIXING A TILE AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND TEE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of any portion of those former Anaheim Union Water Company right of way easements for an irrigation ditch and flume and ditch purposes for the conveyance of water over, across, along and through the property hereinafter described; and WHEREAS, the City Council does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code, to abandon any portion of said easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it does hereby declare that it intends to vacate, abandon and close to public use any portion of those former Anaheim Union Water Company right of way ease- ments for an irrigation ditch and flume and ditch purposes for the conveyance of water over, across, along and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Any portion of that certain right of way for an irriga- tion ditch as conveyed to the Anaheim Union Water Company by deed recorded April 10, 1879 in Hook 68, page 109 of Deeds, records of Los Angeles County, California, and the right of way for the purpose of constructing a flume and ditch for the conveyance of water as granted to the Anaheim Union Water Company by deed recorded April 9, 1880 in Book 73, page 208 of Deeds, records of Los Angeles County, California, and acquired by the City of Anaheim in final order of condemnation recorded October 26, 1967 in Book 8417, pages 110 through 142, of Official records of Orange County, California, lying within the following described parcel of land. Beginning at the Northeast corner of Lot One of Tract No. 925, as shown on a Map recorded in Book 29, pages 42 through 44 of Miscellaneous Maps, records of Orange County, California; thence Southerly along a portion of the Easterly line of Lot One of said Tract No. 925, a dis- tance of 1,163 feet, more or less, to a point on a line distant South 79° 43' West 114 feet, more or less, from the Northwest corner of that certain parcel of land described in deed recorded February 14, 1930 in Book 358, page 171 of Official Records of Orange County, California; -1- thence North 79° 43 East 114 feet, more or less, to the Northwest corner of said parcel of land; thence North 88° 33' East 150 feet along the Northerly line of the last mentioned parcel of land to the Northeast corner thereof;thence Southerly along the Easterly line of the last mentioned parcel of land and the Southerly prolongation thereof, a distance of 586.68 feet, more or less, to the South- east corner of that certain parcel of land described as Parcel No. 6 in the Decree of Termination of Joint Tenancy recorded December 12, 1961 in Book 5941, page 588 of Official Records of Orange County, California; thence Southwesterly along a portion of the Southerly line of the last mentioned parcel of land a distance of 150 feet, more or less, to an intersection with the Northerly prolongation of the most Westerly line of Lot 6 of the Dominguez Estate, as shown on a Record of Survey filed in Book 2, page 15 of Record of Surveys in the office of the County Recorder of said Orange County, California; thence following along the said Westerly line of said Lot 6 the following courses and distances: South 0° 14' West 25 feet, more or less, South 77° 30' East 171 feet, more or less, to an inter- section with the Westerly right of way line of that certain road commonly known as Placentia Yorba Road, 60 feet wide, as said point of intersection was estab- lished in the Yorba Annexation to the City of Anaheim, passed by Ordinance No. 1777, November 13, 1962, filed with the Secretary of State, August 10, 1964 and re- corded August 13, 1964 in Official Records of Orange County, California; thence following the Westerly right of way line of said Placentia Yorba Road the following courses and distances: South 14° 55' West 375 feet, more or less, South 1° 30' West 468 feet, more or less, to an intersection with the Southerly line of that certain parcel of land described as Parcel No. 1 in the deed to the Orange County Water District, a public corporation., recorded October 29, 1938 in Book 951, page 579 of Official Records of Orange County, Califor- nia; thence following along the Southerly line of said land the following courses and distances: South 85° 27° 30" West 2,267.49 feet, more or less, North 81° 42' 05" West 570.88 feet, more or less, to the Southwesterly corner of said Parcel No. 1, said Southwesterly corner also being the Northeast corner of that certain parcel of land described in deed recorded January 7, 1957 in Book 3760, page 575 of Official Records of Orange County, California; thence following along the Northerly line of the land described in the last mentioned deed the following courses and distances: North 81° 42' 02" West 186.55 feet, North 84° 29' 55" West 233.25 feet, more or less to the Northwest corner of said parcel, said Northwest corner also being for the purpose of this description the Northwest corner of Lot One of the Bush Subdivision, as shown on a iap recorded in Book 35, page 52 of Records of Los Angeles County, California; thence Westerly along the Northerly line of the said Bush Subdivision and. the Westerly prolongation thereof, 1,250 feet, more or less, to an intersection with the Southerly prolongation of the Westerly line of that certain parcel of land conveyed to Warner- Lambert Pharmaceutical Company by deed recorded June 21, 1965 in Book 7563, page 252 of Official Records of Orange County, California; thence North 0° 29' 58" West 3650 feet, more or less, along said prolongation and Westerly line of the land conveyed to said Warner Lambert Company to an intersection with the Southerly right of way line of Orangethorpe Avenue; thence Easterly along the Southerly right of way line of said Orangethorpe Avenue to the point of beginning. Note: The basis of distances and bearings used in this description were taken from the Yorba Annexation to the City of Anaheim. and that it does elect to proceed under the provisions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and BE IT FURTHER RESOLVED that reference is hereby made 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 any portion of said easements; and BE IT FURTHER RESOLVED that a time and place for hear- ing all persons interested in or objecting to the proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 23rd day of April 1968, at 1 :30 o'clock P.M., in the Coun 1C 1 Chamber in the City Hall in the City of Anaheim is hereby fixed as the time and place for a public hearing on the matter of such vacation, abandonment and closing to public use of any portion of said easements 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 have, why any portion of such easements and the use thereof for public purposes should not be vacated, abandoned and closed to public use; and BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment of any portion of said easements and the use thereof for public purposes shall be posted conspicu- ously along the lines of said easements at least (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted along the line of each of said easements. Such notices shall state the passage of this Reso- lution of Intention and the time and place of the hearing upon the matter of such vacation and abandonment of any portion of said easements; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affi- davit as provided in the Code of Civil Procedure, and proof of posting of any such notice shall be made by affidavit of the person posting the notice, setting forth the facts regarding such postings and BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of this resolution and shall cause the same to be published in the manner prescribed by law, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of April 1968. ATTEST: CI CLERK OF THE CITY OF ANAT STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) -4- -74) MAYOR OF THE CI Y OF ANA.HEI�'' I, DENE M. WILLIAM4S 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 2nd day of April 1968, by the following vote of the members thereof: AYES: COUNCILLEN Dutton, Krein, Schutte, and Pebley NOES: COUNCILMEN None ABSENT: COUNCILI-IEN Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of April 1968. IN WITvESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of April 1968. CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -178 duly passed and adopted by the Anaheim City Council on April 2, 1968. City Clerk