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66-126 . ......... RESOLUTION NO. 66R- 126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EASEMENT FOR DRAIN- AGE PURPOSES 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 14th day of December, 1965, pass its Resolution No. 65R-9l4 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EASEMENT FOR DRAINAGE PURPOSES OVER, ACROSS, ALONG 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, II whereby it declared its intention to vacate, abandon and close to public use that portion of an easement for drainage purposes over, 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 in said resolution ~eferred 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; and WHEREAS, said City Council did by said resolution fix the 4th "day of January 1966, 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 bearing on the matter of such vacation, aban- donment and closing to public use of said portion of easement for drainage purposes, for all persons interested in or obiecting to such proposed vacation, abandonment and closing to pub ic use to appear and show cause, if any they had, why such portion of ease- ment for drainage purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 23rd day of December, 1965, 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 portion of easement for drainage ~urposes be posted conspicuously along the line of said ~ortion 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 R. O'Donnell did on the 23rd day of December,.1965, post conspicuously not less than three (3) such notices aiang the line of said portion of easement, which notices were posted not more than 300 feet apart, and were posted at least ten (10) days before said hearing; and -1- ,- WHEREAS, said City Council did on the 4th day of January, 1966, 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 drainage 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 portion of easement for drainage purposes described in the Resolution of Intention and herein- after described, is unnecessary for present or prospective drain- age purposes, and that an order vacating and abandoning such portion of easement for drainage purposes as described in the Resolution of Intention should be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ADaheim: 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 drainage purposes described in said resolution is unnecessary for present or prospective public purposes; .-. 3. That it does hereby order that said portion of easement for drainage purposes be, and it is hereby, vacated, abandoned and c10sea to public use; 4. That said portion of easement herein ordered vacated, abandoned and closed to public ~se is that certain portion of easement described in said Resolution No. 65R-914, is situated in the City of Anaheim, County of Orange State of California, and is more particularly described as follows: That portion of the existing drainage easement conveyed to the Anaheim Union Water Company and quitclaimed to the City of Anaheim by deed recorded September 25, 1964 in Book 7235, page 256 of Official Records of Orapge County, California, lying parallel with and 16.5 feet Northerly of the following described line: Beginning at the Northwest corner of Tract No. 1178, as shown on a Map recorded in Book 37, pages 5 and 6 of Mis- cellaneous Maps a records of Orange County, California; thence North 81 JO' East 514.72 feet along the North line of said Tract No. 1178 to the Northeast corner thereof, said Northeast corner also being the Northwest corner of Tract No. 255, as shown on a Map recorded in Book 14, page 25 of Miscellaneous Ma,s, records of Orange County, California; thence North 810 36 55" East 420.70 feet, more or less, to the Northeast corner of said Tract No. 255, said North- east corner being the point of terminus of the line herein described. AND BE IT FUllTRER RESOLVED that the City Clerk be, and she is herebI' authorized and directed to cause a certified copy of this Reso ution 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. -2- .- me t-his THE FOREGOING RESOLUTION is .pproved and signed by 2~rd day of February ,l9~. Pro Tem ATTEST: ,..- r . I : i ! ". ') c.... ~iJF ~~6f-'AMIIEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ~ ) sSG I, DERE 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 23rd day of February , 19~, by the follow- ing vote of the members thereof: AYES: NOES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley COUNCILMEN: None ABSENT: COUNCILMEN: Krein PrQ Ttm AND I FURTHER CERTIFY that the Mayor/ot the City of Anaheim approved and signed said resolution on the 23rd day of February , 19~. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of February , 19~. r-', !,' '-..... ....... <L- . h' };.- . , ~~...-C/ C ~F THE era at ~HEIM (SEAL) - I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the ~~iginal of Resolution No. 66R-126 duly passed and adopted by the Anaheim City Council on February 23, 1966. ('", \. i ;' --'k,; 'J r;- , .~~btERK~{ nm~~ ~~ -3-