69R-674
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RESOLUTION NO. 69R- 074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES
OVER, UNDER AND ACROSS 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
4th day of Novembe~, 1969, pass its Resolution No. 69R-634 en-
titled "A RESOLUTI<t>N OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR
PUBLIC UTILITY PUR~OSES OVER, UNDER AND ACROSS THE HEREINAFTER
DESCRIBED REAL PRO~ERTY; FIXING A TIME AND PLACE FOR A HEARING
THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLI-
CATION OF THIS RESOLUTION." whereby it declared its intention
to vacate, abandon and close to public use an easement for public
utility purposes over, under and across the hereinafter described
property, under the provisions of the Public Service Easement
Vacation Law, Title 5, Division 1, Article 5 of the Government
Code; and
WHEREAS, 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 easement; and
~lliEREAS, said City Council did by said resolution
fix the 25th day of November, 1969, 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 vacation, abandonment and closing to public use of said
easement for 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 easement for public utility purposes should not be vacated,
abandoned and closed to public use; and
WHEP~AS, said resolution was published on the 13th
day of November, 1969, 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 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 easement for public utility
purposes be posted conspicuously 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
rlliEREAS, Donald R. O'Donnell did on the 13th day of
November, 1969, post conspicuously not less than three (3) such
notices along the line of said easement, which notices 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 25th day of
November, 1969, at 1:30 o'clock P.r1. in the Council Chamber
in the City Hall of the City of Anaheim, conduct a public hearing
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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 of the evi-
dence submitted that said easement for public utility purposes
described in the Resolution of Intention and hereinafter des-
cribed, is unnecessary for present or prospective public utility
purposes, and that an order vacating and abandoning such ease-
ment for public utility purposes as described in the Resolution
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 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 resolution is unnecessary for present or pros-
pective 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 Resolution No. 69R-634, is situated
in the City of Anaheim, County of Orange, State of
California, and is more particularly described as
follmvs:
That certain public utility easement located in the
City of Anaheim, County of Orange, State of Calif-
ornia, said easement is described in the deed to
Southern California Edison Company recorded November
6, 1952 in Book 2400, page 479, and acquired by the
City of Anaheim via final order of condemnation re-
corded September 27, 1967 in Book 5826, page 221 of
Official Records of Orange County, California, to
be abandoned, described as follows:
That certain portion of the Southeast quarter of the
Northwest quarter of Section 23, Township 4 South,
Range 10 West, S.B.B. & M.
All poles shall be erected and maintained within one
foot of the following described line:
--
Beginning at a point in the northerly line of said
property of the grantors, distant approximately 100
feet westerly measured thereon from the southwesterly
line of the Atchison, Topeka and Santa Fe Railway
right of way as now established along the north-
westerly side of said Parcel No.1; thence south-
easterly in a straight line 400 feet.
It is understood and agreed that the above line des-
cription is approximate only, it being the intention
of the grantors, by this conveyance, to grant an
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easement for said electric line in the location
in which said electric line shall be constructed
on and over the above described propeprty.
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 ot 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 25th day of November, 1969.
~T ST:
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C ERK OF ~~EIM
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 No. 69R-674 was intro-
duced and adopted at a regular meeting provided by taw, of the City
Council of the City of Anaheim, held on the 25th day of November, 1969,
by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHEl CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R-674 on the 25th day of Nov-
ember, 1969.
IN WITNESS WJlEREOF,
the official seal of the City
I have hereunto set my hand and affixed
of ~~s 25th day of November, 1969.
, X~
CI . CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R-674 duly passed and adopted by the Anaheim City Council on Nov-
ember 25, 1969.
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City Clerk
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