69R-267RESOLUTION NO. 69R
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, ORDERING THE VACATION AND
ABANDONMENT OF A FORMER ANAHEIM UNION WATER
COMPANY RIGHT OF WAY FOR CONSTRUCTION AND
MAINTENANCE OF A DITCH FOR THE CONVEYANCE
OF WATER FOR IRRIGATION PURPOSES OVER, UNDER,
ACROSS, ALONG AND THROUGH 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
22nd day of April, 1969, pass its Resolution No. 69R -237,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A
FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY FOR CONSTRUC-
TION AND MAINTENANCE OF A DITCH FOR THE CONVEYANCE OF WATER
FOR IRRIGATION PURPOSES OVER, UNDER, ACROSS, ALONG AND THROUGH
THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT
FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS A PORTION OF
SAID PROPERTY, 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 former Anaheim Union Water
Company right of way for construction and maintenance of a ditch
for the conveyance of water for irrigation purposes over, under,
across, along and through 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 did further declare its
intention to reserve an easement for public utility purposes
over, under and across a portion of the hereinafter described
property; 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 right of way for irrigation purposes,
and said reservation of easement for public utility purposes; and
WHEREAS, said City Council did by said Resolution fix
the 13th day of May, 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 right of way for
construction and maintenance of a ditch for the conveyance of
water for irrigation 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
right of way and the use thereof for irrigation purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said Resolution was published on the 1st day
of May, 1969, in the Anaheim Bulletin, a newspaper of general
circulation, printed, published and circulated in the City of
Anaheim, County of Orange, State of 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,
abandonment and closing to public use of said right of way for
construction and maintenance of a ditch for the conveyance of
water for irrigation purposes be posted conspicuously along the
line of said right of way proposed to be vacated, 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 R. O'Donnell did on the 1st day of May,
1969, post conspicuously not less than three (3) such notices
along the line of said right of way, which notices were posted
less than 300 feet apart, and were posted at least ten (10) days
before said hearing; and
WHEREAS, said City Council did on the 22nd day of
April, 1969, at 1:30 o'clock P.M., at said City Hall, conduct
a public hearing on the matter of whether that certain former
Anaheim Union Water Company right of way for irrigation 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 evidence
submitted that said right of way for irrigation purposes
described in the Resolution of Intention and hereinafter described
is unnecessary for present or prospective public purposes, and
that an order vacating and abandoning such right of way should
be made.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim:
1. That it finds the recitals hereinbefore set
forth in this Resolution to be true;
2. That it finds from all the evidence submitted that
said right of way for irrigation purposes described in said
Resolution is unnecessary for present or prospective public
purposes;
3. That it does hereby order that said right of way
be, and it is hereby, vacated, abandoned and closed to public use.
4. That said former Anaheim Union Water Company
right of way for irrigation purposes herein ordered vacated,
abandoned and closed to public use is that certain right of way
described in said Resolution No. 69R -237, is situated in the City
of Anaheim, County of Orange, State of California, and is more
particularly described as follows:
That certain 16 foot wide right of way for the purpose
of constructing and maintaining a ditch for the con-
veyance of water for irrigation purposes located in
the City of Anaheim, County of Orange, State of Cali-
fornia, as described in the deed to the Anaheim Union
Water Company, a corporation, recorded May 15, 1896
in Book 24, page 6 of Deeds, and quitclaimed to the
City of Anaheim by quitclaim deed recorded September
25, 1964 in Book 7235, pages 256, 257 and 258 of
Official Records of Orange County, California, described
as follows:
ATTEST:
Beginning at a point 652 feet South 15 -1/2 East of
the southeast corner of the Original Town of Anaheim
and extending thence South 74 -1/2 West 1,137 feet to
the East line of the right of way of the Southern
California Railway; thence South 15 1/2° East 16 feet;
thence North 74 -1/2 East 1,137 feet; thence North
15 -1/2° West 16 feet to the point of beginning, said
strip lying along and 8 feet on either side of the
located center line of an irrigation ditch known as
the South Side Ditch of the Anaheim Union Water Company.
EXCEPTING THEREFROM that portion abandoned by Resolution
No. 65R -911 of the City Council of the City of Anaheim
recorded on December 20, 1965, in Book 7779, Page 683,
Document No. 15609, Official Records of Orange County,
California.
5. That it finds that an easement for public utility
purposes over, under and across the Northerly eight (8) feet of
the Easterly 607 feet of the above- described property, should
be reserved.
6. That it does hereby order that an easement for
public utility purposes over, under and across the Northerly
eight (8) feet of the Easterly 607 feet of the above- described
property, be reserved.
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 13th day of May, 1969.
4 CLE OF THE CITY OF ANAHEIM
l.. L l_X
''MAYO OF 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 No. 69R -267 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 13th day of May, 1969,
by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 69R -267 on the 13th day of May,
1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 13th day of May, 1969.
(SEAL)
CI 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.
69R -267 duly passed and adopted by the Anaheim City Council on May
13, 1969.
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City Clerk