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66-365RESOLUTION NO. 66R -365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND PIPE LINE PURPOSES, TOGETHER WITH NECESSARY APPURTE- NANCES, UPON, ALONG, UNDER, 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 21th day of April, 1966, pass its Resolution No. 66R -276 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND PIPE LINE PURPOSES, TOGETHER WITH NECESSARY APPURTENANCES, UPON, ALONG, UNDER, 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 that portion of an easement and right of way to construct, reconstruct, install, maintain, repair, enlarge and replace an undergound pipe line, with necessary desirable appurtenances, including, but not limited to, concrete breather stands and irrigation lines, upon, along, under, over and through the property therein described, 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 portion of easement and right of way; and WHEREAS, said City Council did by said resolution fix the 3rd day of May, 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 hearing on the matter of such vacation, abandonment and closing to public use of said portion of ease- ment and right of way for underground pipe line purposes, for all persons interested in or objecting to such proposed vaca- tion, abandonment and closing to public use to appear and show cause, if any they had, why such portion of easement and right of way should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 21st day of April, 1966, 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, abandonment and closing to public use of said portion of ease- ment and right of way for underground pipe line purposes be posted conspicuously along the line of said portion of ease- ment, 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 21st day of April, 1966, post conspicuously not less than three (3) such notices along the line of said portion of easement and right of way, 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 3rd day of May, 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 and right of way for underground pipe line purposes, together with necessary appurtenances, should be vacated, abandoned and closed to public use, and at said hearing did hear evidence thereon and did continue said hearing to May 24, 1966; and WHEREAS, the City Council finds from all of the evi- dence submitted that the hereinafter described portion only of said portion of easement and right of way for underground pipe line purposes described in the Resolution of Intention is unneces- sary for present or prospective pipe line purposes, and that an order vacating and abandoning such portion of easement and 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 hereinabove set forth in this resolution to be true; 2. That it finds from all the evidence submitted that the hereinafter described portion of said portion of easement and right of way for underground pipe line purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that the hereinafter described portion of easement and right of way for underground pipe line purposes, together with necessary appurtenances, be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of easement and right of way herein ordered vacated, abandoned and closed to public use is a portion of that certain portion of easement and right of way described in said Resolution No. 66R -276, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of an existing perpetual easement and right of way to construct, reconstruct, install, maintain, repair, enlarge and replace an under- ground pipe line with necessary desirable appurte- nances conveyed to the Anaheim Union Water Company by deed recorded February 29, 1916 in Book 281, page 126 of Deeds, records of Orange County, Cali- fornia, and quitclaimed to the City of Anaheim by quitclaim deed recorded September 9, 1965 in Book 7235, page 256 of Official Records of Orange County, California, lying parallel with and 16.50 feet South of and 11.50 feet North of the following described line: Beginning at the Southwest corner of Lot 64 of Tract No. 1451, as shown on a Map recorded in Book 50, pages 28 and 29 of Miscellaneous Maps, records of Orange County, California; thence following along a portion of the Southerly line of said Tract 1451, the following courses and distances: North 81 36' 00" East 109.14 feet, North 81° 30' 00" East 514.72 feet, North 81 27' 10" East 586.28 feet to the most Southeasterly corner of Lot 95 of said Tract 1451; thence North 81° 27' 10" East 565.00 feet, more or less, to an intersection with the center line of Placentia Avenue, now known as State College Boulevard, said point of intersection being the point of terminus of the line herein described. 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 24th day of May, 1966. ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM. -!i�_� MAYOR OF THE CITY OF NAHEIM 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 foergoing Resolution No. 66R -365 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 24th day of May, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COTNCILMEN: None AND I FURTHER CERTIFY THAT THE MAYOR OF THE CITY OF ANAHEIM approved and signed said Resolution No. 66R -365 on the 24th day of May, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of May, 1966. 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. 66R -365 duly passed and adopted by the Anaheim City Council on May 24, 1966. City Clerk