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66-352RESOLUTION NO. 66R-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASEMENT OVER, UNDER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 26th day of April, 1966, pass its Resolution No. 66R -303 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT POR- TION OF A FORMER ANAHEIM UNION WATER COMPANY RIGHT OF WAY EASE- MENT OVER, UNDER, 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; AND RESCINDING RESOLUTION NO. 66R 275," whereby it declared its intention to vacate, aban- don and close to public use that portion of a former Anaheim Union Water Company right of way easement 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 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 right of way easement; and WHEREAS, said City Council did by said resolution fix the 17th 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, aban- donment and closing to public use of said portion of right of way easement 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 portion of easement and the use thereof for public purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 5th day of May, 1966, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, 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 right of way easement be posted conspicuously along the line of said portion 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 5th day of May, 1966, post conspicuously not less than three (3) such notices along 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 17th 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 that portion of a former Anaheim Union Water Company right of way easement hereinafter described, should be vacated, abandoned and closed to public use, and at said hear- ing did hear evidence thereon; and WHEREAS, the City Council finds from all of the evi- dence submitted that said portion of easement 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 portion of easement as described in the Resolution of Intention and hereinafter described 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 portion of right of way easement described in said resolu- tion is unnecessary for present or prospective public purposes; 3. That it does hereby order that said portion of easement be, and it is hereby, vacated, abandoned and closed to public use; 4. That said portion of right of way easement herein ordered vacated, abandoned and closed to public use is that certain portion of easement described in said Resolution No. 66R -303, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of a former Anaheim Union Water Company right of way (16.5 feet wide) acquired by deed recorded in Book 25, page 299 of Official Records of Orange County, Cali- fornia, and quitclaimed to the City of Anaheim by quitclaim deed recorded September 25, 1964 in Book 7235, page 256 of Official Records of Orange County, California, the Southerly line of which is parallel with and 16.5 feet Southerly of the following described line: Commencing at the Southwest corner of Section 4, Township 4 South, Range 10 West, S.B.B. M. for the purpose of this description being the centerline intersection of Euclid Street and La Palma Avenue, as shown on a Record of Survey Map filed in Book 32, page 45 of Record of Surveys in the office of the County Recorder of Orange County, California; thence North 0 03' 08" East 285.18 feet to the true point of beginning of the line hereinafter described; thence North 89 40' East 844.32 feet to an intersection with the West line of Tract No. 1859, as shown on a Map recorded in Book 55, page 39 of Miscellaneous Maps, records of Orange County, California, said point of intersection being the point of terminus of the line herein described. Excepting therefrom any portion thereof lying within Euclid Street on the West. -2- 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 17th day of p 19_. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I DENE do hereby certify adopted at a held on the 17th ing vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, NOES: COUNCILMEN: ABSENT: COUNCILMEN: AND I FURTHER CERTIFY that the Mayor Anaheim approved and signed said resolution on May 19 66 IN WITNESS WHEREOF, I have hereunto affixed the seal of the City of Anaheim this May 1966 (SEAL) ss. None. M. WILLIAMS, City Clerk of the City of Anaheim, that the foregoing resolution was passed and regular meeting of the City Council day of May 2 19_66 by the follow- Chandler. Schutte and Krein. of the City of the 17th day of set my hand and 17th day of 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. 66R -352 duly passed and adopted by the Anaheim City Council on May 17, 1966. DENE M. WILLIAMS, CITY CLERK By Deputy CITY CLERK