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64-667RESOLUTION NO. 64R-667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN EASEMENT FOR ALLEY AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG 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 25th day of August, 1964, pass its Resolution No. 64R-642, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN EASEMENT FOR ALLEY AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND TItROUGH THE HEREINAFTER DESCRIBED REAL PROP- ERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use a portion of an easement for alley and public utility purposes upon, over, across, along and through the hereinafter described property, under the pro- visions of the Street Vacation Act of 1941, and under the provi- sions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and T~HEREAS, the City Council in said Resolution 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 easement for alley and public utility purposes; and WHEREA~, said City Council did by said Resolution fix the 15th day of September, 1964, at 1:30 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 vaca- tion, abandonment and closing to public use of said portion of easement for alley and 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 easement for alley and public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said Resolution was published on the 3rd day of September, 1964, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, Orange County, California; and i~HEREAS, by said Resolution said City Council directed that notices of the passage of said Resolution 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 easement for alley and public utility purposes be posted conspicuously along the line of said portion of 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 WHEREAS, Donald a. O'Donnell did on the 3rd day of September, 1964, post conspicuously not less than three (3) such notices along the line of said portion of easement, which notices -1- were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 15th day of September, 1964, at 1:30 o'clock P.M. in the Council Chamber in the City Hall of the City of Anaheim, conduct a public hearing on the matter of whether said portion of easement for alley and public utility purposes, hereinafter described should be vacated, abandoned and closed to public use, and at said hear- ing did hear evidence thereon; and WHEREAS, the City Council finds from all of the evidence submitted that said portion of easement for alley and public utility purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or pros- pective alley and public utility ~urposes, and that an order vacating and abandoning such portzon of easement for alley and public utility purposes as described in the Resolution of Inten- tion 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 easement for alley and public utility pur- poses described in said Resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of easement for alley and public utility purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of easement herein ordered vacated,abandoned and closed to public use is that certain portion of easement for alley and public utility purposes described in said Resolution No. 64R-642, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain portion of an alley and public utility ease- ment located in the City of Anaheim, County of Orange, State of California, described in the deed to the City of Anaheim as Parcel Number Two, recorded in Book 5095, page 79, Official Records of Orange County, Cali- fornia, and more particularly described as follows: Beginning at the Northeast corner of that certain parcel of land described as Parcel Number Two in the deed re- corded February 10, 1960 in Book 5095, page 79, Official Records of Orange County, California; thence South 0° 07' 30", West a distance of 80.96 feet; thence South 44° 59' 40" West a distance of 28.35 feet; thence South 89° 51' 51" West 30.00 feet; thence North 44° 51' 50" East a distance of 42.62 feet; thence North 0© 07' 30" East a distance of 70.88 feet; thence North 89© 51' 50~' East a distance of 20.00 feet to the point of beginning. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to cause a certified -2- 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 15th day of September, 1964. MAYOR OF THE-CITY OF ANAHEIM ATTEST: CITY CLERK"OF 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 15th day of September, 1964, by the following vote of the members thereof. AYES: NOES: COUNCILMEN: Pebley, Du%ton, Schut%e, Krein and Chandler COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 15th day of September, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of September, 1964. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM -3-