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66-452RESOLUTION NO. 66R- An9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF THAT PORTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING A PUBLIC UTILITY OVERHANG EASE- MENT FOR ELECTRIC POWER LINES AND CROSS -ARMS OVER, ALONG AND ACROSS SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 14th day of June, 1966, pass its Resolution No. 66R -406 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 PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING A PUBLIC UTILITY OVERHANG EASEMENT FOR ELECTRIC POWER LINES AND CROSS -ARMS OVER, ALONG AND ACROSS SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON; AND DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use that portion of an easement for public utility purposes upon, over, across, along and through the hereinafter described property under the provisions of the Public Service Easement Vacation L a Title 5, Division 1, Article 5 of the Government Code; WHEREAS, the City Council did further declare its intention to reserve a public utility overhang easement for electric power lines and cross -arms over, along and across said property; 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 for public utility purposes, and said reservation of said public utility overhang easement; and WHEREAS, said City Council did by said Resolution fix the 5th day of July, 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 easement for public utility purposes, for all persons interested in or objecting to such proposed vacation, abandon- ment and closing to public use to appear and show cause, if any they had, why such portion of easement for public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said Resolution was published on the 23rd day of June, 1966, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, County of Orange, State of 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 easement for public utility purposes 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 along the line of said portion of easement; and WHEREAS, Donald R. O'Donnell did on the 23rd day of June, 1966, post conspicuously not less than three (3) such notices along the line of said portion of easement, which notices were posted less than 300 feet apart, and were posted at least ten (10) days before said hearing; and WHEREAS, said City Council did on the 5th day of July, 1966, at 1:30 O'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said portion of 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 evidence submitted that said portion of easement for public utility purposes described in the Resolution of Intention and herein- after described is unnecessary for present or prospective road and public utility purposes and that an order vacating and abandoning such portion of easement 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 evidence submitted that said portion of 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 portion of easement for public utility purposes be, and it is hereby, vacated, abandoned and closed to public use. 4. That said portion of easement herein ordered vacated, abandoned and closed to public use is that certain portion of easement for public utility purposes described in said Resolution No. 66R -406, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: ATTEST: That portion of an existing public utility ease- ment, upon, over, across, along and through the following described property: The Easterly five (5) feet of Lots 43 and 44 of Tract No. 2022, as shown on a Map recorded in Book 58, -pages 24 and 25 of Miscellaneous Maps, records of Orange County, California. 5. That it finds that a public utility overhang ease Z, latent 'for electric power lines and cross -arms, over, along and across the property hereinbefore described, should be reserved. 6. That it does hereby order that a public utility overhang easement for electric power lines and cross- arms be reserved over, along and across the property hereinbefore 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 Offic -e of the County Recorder of Orange County, California. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of July, 1966. THE iCITY OF ANAHEIM MAYOR OF THE CITY OF A STATE OF CALIFORNIA COUNTY OF •ORANCW ss. CITY OF ANAHEIM I, RENE M. WILLIAMS, City Clerrk j ef the City of Anaheim, do hereby certify that the foregoing. Resolution No. 66R -452 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 5th day of July, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chemdier and Krein NOES: COUNCILMEN: None ASSENT: CXNCILMEN: None AND L "FNRTMER CERTIFY that the Mayor of the City of Anaheim approved and signed Said Resolution No. 66R -452 on the 5th day of July, 1966 _IN NIITMESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th- day of July, 1966. (SEAL) CIT 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 -452 duly passed and adopted by the Anaheim City Council on July, 1966. City Clerk