Loading...
66-276RESOLUTION NO. 66R- 276 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 PUR- POSES, TOGETHER WITH NECESSARY APPURTENANCES, UPON, ALONG, UNDER, OVER AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; DIR- ECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of that portion of an easement and right of way to construct, reconstruct, install, maintain, repair, enlarge and replace an underground pipe line, with necessary desirable appurte- nances, including, but not limited to, concrete breather stands and irrigation lines, upon, along, under,over 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 portion of easement and right of way for under- ground pipe line purposes, together with necessary appurtenances. 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 that certain portion of easement and right of way to construct, reconstruct, install, maintain, repair, enlarge and replace an underground pipe line, with necessary desirable appurtenances, including, but not limited to, concrete breather stands and irrigation lines, upon, along, under, over and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of an existing perpetual easement and right of way to construct, reconstruct, install, maintain, repair, enlarge and replace an underground pipe line with necessary desirable appurtenances, including, but not limi- ted to, concrete breather stands and irrigation lines, conveyed to the Anaheim Union Water Company by deed recorded June 10, 1952 in Book 2341, page 41 of Official Records of Orange County, California, and deed recorded February 29, 1916 in Book 281, page 126 of Deeds, records of Orange County, California, and quitclaimed to the City of Anaheim by deed recorded September 9, 1965 in Book 7235, page 256 of Official Records of Orange County, California, described as follows: PARCEL ONE: That portion of said easement lying within Tract No. 1451, as shown on a Map recorded in Book 50, pages 28 and 29 of Miscellaneous Maps, records of Orange County, California. PARCEL TWO: That portion of said easement lying within Tract No. 1428, as shown on a Map recorded in Book 47, page 9 of Miscellaneous Maps, records of Orange County, California. -1- PARCEL THREE: That portion of said easement lying 16.50 feet on each side of a line parallel with the Easterly prolongation of the Southerly line of the Easterly 34.16 feet of Lot 95 of Tract No. 1451, as shown on the Map recorded in Book 50, pages 28 and 29 of Miscellaneous Maps, records of Orange County, California, to an inter- section with the West line of Placentia Avenue, as shown on the Map of said Tract, said point of intersection being the point of terminus of the line herein described. 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 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 portion of easement and right of way; and BE IT FURTHER RESOLVED that a time and place for hear- ing all persons interested in or objecting to the proposed vaca- tion and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 3rd day of May 1966, at 1 :30 o'clock P.M., in time 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 portion of easement and right of way, for all per- sons 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 portion of easement and 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 portion of easement and right of way and the use thereof for the purposes herein mentioned shall be posted conspicuously along the line of said portion of easement and right of way at least ten (10) days before the date set for said hearing. Such notices shall be posted not more than 300 feet apart, and at least three (3) such notices shall be posted. 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 portion of easement and right of way; and BE IT FURTHER RESOLVED that proof of publication of any notice required by this resolution shall be made by affida- vit 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 posting; 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. -2- THE FOREGOING RESOLUTION is approved and signed by me this tl._' d.= y of April 9 19. (SEAL) ATTEST: CLERK F 4 CITY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor Anaheim approved and signed said resolution on April 19 66 IN WITNESS WHEREOF, I have hereunto affixed the seal of the City of An =heim this April 19 66 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 was passed and adopted at a regular meeting of the City Council held on the t, y., achy of April 19��, by the follow- ing vote of t members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler of the City of the rah' of set my hand and 12th day of I 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 -276, duly passed and adopted by the Anaheim City Council on April 12th, 1966. City Clerk