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63-0653RESOLUTION NO. 63R- 653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT CERTAIN PORTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREIN- AFTER DESCRIBED REAL PROPERTY. Engr. R/W Pub Utili WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 16th day of July, 1963, pass its Resolution No. 63R -595 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON THAT CERTAIN PORTION OF 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 that certain portion of an ease- ment for public utility purposes upon, along, over 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 easement; and WHEREAS, said City Council did by said resolution fix the 6th day of August, 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 vacation, abandonment and closing to public use of said portion of ease- ment 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 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 25th day of July, 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 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 not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 24th day of July, 1963, 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- AT ST: WHEREAS, said City Council did on the 6th day of August, 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 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 of the evidence submitted that said portion of easement for public utility purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective public utility purposes, and that an order vacating and aban- doning such portion of easement for public utility purposes 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 hereinabove set forth in this resolution to be true; 2. That it finds from all the 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 an easement described in said Resolution No. 63R -595, and is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: The Easterly ten (10) feet of the Westerly 530 feet of the Southerly 204.06 feet of the Northerly 693.00 feet of the West one half of the Northeast quarter of the North- east quarter of Section 17, Township 4 South, Range 10 West, San Bernardino Base Meridian. 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 6th day of August, 1963. CL OF THE CITY OF ANAHEIM -2- 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 No. 63R -653 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 6th day of August, 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 -653 on the 6th day of August, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 6th day of August, 1963. (SEAL) Yl/GC CITY CLERK OF THE CITY OF ANAHEIM