63-0208RESOLUTION NO. 63R -208
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING THE VACATION AND
ABANDONMENT OF A PORTION OF AN EASEMENT
FOR PUBLIC UTILITY PURPOSES UPON, ALONG,
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
5th day of March, 1963, pass its Resolution No. 63R -174 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR
PUBLIC UTILITY PURPOSES UPON, ALONG, 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 an ease-
ment for public utility purposes upon, along, over, and through
the following described property situated in the City of Anaheim,
County of Orange, State of California, to wit:
The Northerly 12 feet and Westerly 6 feet
of Lot 17, and the Northerly 12 feet and
Easterly 6 feet of Lot 18 of Anaheim In-
vestment Company's Tract, in the City of
Anaheim, as shown on a map thereof recorded
in Book 7, Pages 33 and 34, Miscellaneous
Maps, records of said Orange County;
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 26th day of March, 1963, at 3:00 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 easement
for public utility purposes, 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 easement for public utility purposes should not be vacated,
abandoned, and closed to public use; and
WHEREAS, said resolution was published on the 14th
day of March, 1963, 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, abandon-
ment and closing to public use of said easement for public util-
ity purposes be posted conspicuously along the line of said
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
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WHEREAS, Donald R. O'Donnell did on the 14th day of
March, 1963, 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 26th day of
March, 1963, at 3:00 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 easement for public utility
purposes, hereinbefore described, should be vacated, abandoned,
and closed to public use, and at said hearing did hear evi-
dence thereon; and
WHEREAS, the City Council finds from all of the evi-
dence submitted, and upon further investigation and considera-
tion of the matter, that it would be to the advantage and in
the best interest of the City of Anaheim to reserve an ease-
ment for public utility purposes upon, along, over, and through
that portion of said property described as follows:
The Northerly 6 feet of the Northerly 12
feet of Lot 17, and the Northerly 6 feet of
the Northerly 12 feet of Lot 18 of Anaheim
Investment Company's Tract, in the City of
Anaheim, County of Orange, State of Calif-
ornia, as shown on a map thereof recorded
in Book 7, Pages 33 and 34 of Miscellaneous
Maps, records of said Orange County;
and that only the following portion of said easement for public
utility purposes described in the Resolution of Intention is
unnecessary for present or prospective public utility purposes
and should be abandoned:
The Southerly 6 feet of the Northerly 12
feet and the Westerly 6 feet of Lot 17,
and the Southerly 6 feet of the Northerly
12 feet and the Easterly 6 feet of Lot 18
of Anaheim Investment Company's Tract, in
the City of Anaheim, County of Orange,
State of California, as shown on a map
thereof recorded in Book 7, Pages 33 and
34, Miscellaneous Maps, records of said
Orange County, California.
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 a portion of said easement for public utility purposes
described in said Resolution No. 63R -174 is unnecessary for
present or prospective public purposes;
3. That it does hereby order that said portion of
said 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 a portion of
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that certain easement described in said Resolution No. 63R -174,
is situated in the City of Anaheim, County of Orange, State of
California, and is more particularly described as follows:
The Southerly 6 feet of the Northerly 12
feet and the Westerly 6 feet of Lot 17,
and the Southerly 6 feet of the Northerly
12 feet and the Easterly 6 feet of Lot 18
of Anaheim Investment Company's Tract, in
the City of Anaheim, as shown on a map
thereof recorded in Book 7, Pages 33 and
34, Miscellaneous Maps, records of said
Orange County, California;
5. That it finds that an easement for public utility
purposes should be reserved upon, along, over and through the
following described property situated in the City of Anaheim,
County of Orange, State of California, to wit:
The Northerly 6 feet of the Northerly 12
feet of Lot 17, and the Northerly 6 feet
of the Northerly 12 feet of Lot 18 of
Anaheim Investment Company's Tract, in the
City of Anaheim, County of Orange, State of
California, as shown on a map thereof re-
corded in Book 7, Pages 33 and 34 of Mis-
cellaneous Maps, records of said Orange County.
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 26th day of March, 1963.
CI CLERK OF THE CITY OF AHEIM
Z 6
MA OR OF THE C OF NAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -208 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 26th day of
March, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMAN: Dutton
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -208 on the
26th day of March, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 26th
day of March, 1963.
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CITY CLERK CF THE CITY OF ANAHEIM