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69R-137RESOLUTION NO. 69R- 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER 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 February, 1969, pass its Resolution No. 69R -105 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASE- MENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL 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, abandon and close to public use an easement for public utility purposes upon, along, over and through the hereinafter described property, under the pro- visions 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 WHEREAS, said City Council did by said resolution fix the 18th day of March, 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 WHEREAS, said resolution was published on the 7th day of March, 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 hearing on the matter of the vacation, abandonment and closing to public use of said easement for public utility purposes be posted conspicuously along the line of said ease- ment, 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 WHEREAS, Donald R. O'Donnell did on the 6th day of March, 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 18th day of March, 1969, at 1:30 o'clock P.M. in the Council Chambers in the City Hall of the City of Anaheim, conduct a public hearing 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 evidence submitted that said easement for public utility pur- poses described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such easement 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 prospective public purposes; 3. That it does hereby order that said easement for public utility purposes and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein order vacated, aban- doned and closed to public use is that certain easement described in said Resolution No. 69R -105, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain public utility easement located in the City of Anaheim, County of Orange, State of California, conveyed to the S uthern California Edison Company, a corporation, by,d0d recorded November 26, 1912, in Book 224, page 20 of Deeds, records of Orange County, California, and transferred to the City of Anaheim, described as follows: A strip of land 10 feet wide, the center of which is 250 feet East of the West line, and runs parallel with and across the East 10 acres of the East 25 acres of the West 45 acres of the North half of the Northwest quarter of Section 13, Township 4 South, Range 11 West, S.B.B. &M. 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 18th day of Marche, 1969. ATTEST: CIT CLERK OF THE CITY OF ANAHEIM -2- MAYOR 0 THE IT 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 No. 69R -137 was intro- duced and adopted at aregular meeting provided by law, of the City Council of the City of Anaheim, held on the 18th day of March, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -137 on the 18th day of March, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of March, 1969. (SEAL CITY 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 -137 duly passed and adopted by the Anaheim City Council on March 18, 1969. (2 City Clerk