69R-237RESOLUTION NO. 69R 237
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 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; 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.
WHEREAS, a request has been made for the 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 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
said right of way; and
WHEREAS, the City Council does declare that it intends
to reserve an easement for public utility purposes over, under
and across a portion of the hereinafter described property.
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 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 following described property
situated in the City of Anaheim, County of Orange, State of
California, to wit:
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:
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.
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 the City Council does
hereby further declare that it intends to reserve an easement
for public utility purposes over, under and across the northerly
eight (8) feet of the easterly 607 feet of the hereinbefore
described property; 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 said right of way and said reservation of
easement for public utility purposes; and
BE IT FURTHER RESOLVED that a time and place for
hearing 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 13th day of May 1969, at 1:30 o'clock
P.M., in the Council 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 said right of way for construction and main-
tenance 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 have, why such right of way
and the use thereof for the purposes hereinabove mentioned
should not be vacated, abandoned and closed to public use; and
BE IT FURTHER RESOLVED that notices of such proposed
vacation and abandonment of said right of way and the use thereof
for construction and maintenance of a ditch for the conveyance
of water for irrigation purposes shall be posted conspicuously
along the line of said right of way at least ten (10) days
before the date set for 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 said right of way.
Such notices shall state the passage of this Resolution of
Intention and the time and place of the hearing upon the
matter of such vacation and abandonment of said right of way
for construction and maintenance of a ditch for the conveyance
of water for irrigation purposes; and
BE IT FURTHER RESOLVED that proof of publication of
any notice required by this resolution shall be made by affidavit
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 post-
ing; 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 22nd day of April, 1969.
ATTEST:
OF T.* CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF ANAHEIM
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
R
tl i5‘ /(41 SIT FAN IM
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 22nd day of April 1969 by the following
vote o f members thereof:
Dutton, Krein, Schutte and Clark
None
Pebley
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 22nd day of
April 1969
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 22nd day of
April 1969
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 -237 duly
passed and adopted by the Anaheim City uncil on April 22, 1969.
City Clerk