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66-451RESOLUTION NO. 66R- 451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT CERTAIN PUBLIC UTILITY EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES IN, ON AND OVER 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 June, 1966, pass its Resolution No. 66R 405 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DE- CLARING ITS INTENTION TO VACATE AND ABANDON THAT CERTAIN PUBLIC UTILITY EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES IN, ON AND OVER 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 certain public utility easement for pole lines and incidental purposes in, on and over 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 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 vaca- tion, abandonment and closing to public use of said public utility 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 ease- ment 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, Orange County, California; and THEREAS, 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 public utility easement be posted conspicuously along the line of said easement, not more than 300 feet apart, at least ten (10) days before said hearing, and not less than three (3) such notices should be posted; 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 easement, 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 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, conduct a public hearing on the matter of whether said public utility easement for pole lines and incidental 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 evidence submitted that said public utility easement described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and abandoning such easement as described in the Resolution of Intention should be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim: 1. That it finds the recitals hereinabbve set forth in this resolution to be true; 2. That it finds from all the evidence submitted that said public utility easement for pole lines and incidental purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said public utility easement be, and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein ordered vacated, aban- doned and closed to public use is that certain easement described in said Resolution No. 66R -405, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain public utility easement for pole lines and incidental purposes coveyed to the Southern California Edison Company, a corporation, by deed recorded April 18, 1952 in Book 2318, page 318 of Official Records of Orange County, California, and acquired by the City of Anaheim by assignment recorded May 11, 1965 in Book 7516, page 193 of Official Records of Orange County, California, described as follows: The North half of the West half of the Southeast quarter of the Northeast quarter of Section 23, Township 4 South, Range 10 West, S.B.B. M. All poles shall be erected and maintained within one foot of the following described line: Beginning at a point in the South line of said property, distant 95 feet Easterly, measured there- on from the West line thereof; thence Northerly parallel with said West line 320 feet to a point hereinafter referred to as Point "A thence continuing Northerly in same parallel line 40 feet. Beginning at said Point hA"; thence Northeasterly in a straight line to a point which is 430 feet Easterly, measured at right angles from said Westerly line, and 495 feet Northerly, measured parallel with said Westerly line from said Southerly line; thence continuing Northeasterly in same straight line 40 feet. Beginning at said Point "A thence Southwesterly in the Southwesterly prolongation of said last mentioned line running Northeasterly from said Point "A" to a point in the Westerly line of said property. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certi- tifed 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 5th day of July, 1966. ATTEST= CI 'Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF EIM 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 5th day of July, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of July, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of July, 1966. 7;k CI Y CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -451 duly passed and adopted by the Anaheim City Council on July 5th, 1966. 41/ 2 2 City Clerk