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63-0476RESOLUTION NO. 63R- 476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASE- MENT FOR PUBLIC UTILITY POWER LINE OVERHANG PURPOSES OVER, ALONG AND ACROSS A PORTION OF SAID PROPERTY. Div of Pub Works WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 14th day of May, 1963, pass its Resolution No. 63R -412 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, OVER, ACROSS, ALONG AND THROUGH THE HERE- INAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR PUBLIC UTILITY POWER LINE OVERHANG PURPOSES OVER, ALONG AND ACROSS.A PORTION OF SAID 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 and abandon and close to public use an easement for public utility purposes upon, over, across, along and through the hereinafter described property under the pro- visions of the Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and WHEREAS, the City Council did further declare its in- tention to reserve an easement for public utility power line overhang purposes over, along and across a portion of the above mentioned 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 easement for public utility purposes and said reservation of easement for public utility power line over- hang purposes; and WHEREAS, said City Council did by said resolution fix the 4th day of June, 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 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 23rd day of May,1963, in the Anaheim Bulletin, a newspaper of gen- eral 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, abandon- ment and closing to public use of said easement for public utility purposes be posted conspicuously along the line of said easement, not more than 300 feet apart, at least ten (10) days -1- before said hearing, and that not less than three (3) such notices should be posted; and WHEREAS, Donald R. O'Donnell did on the 24th day of May, 1963, post conspicuously not less than three (3) such notices along the line of said 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 4th day of June, 1963, at 3 :00 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said 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 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 abandoning such 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 easement for public utility purposes described in said resolution is unnecessary for present or pros- pective public purposes; 3. That it does hereby order that said easement for public utility purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein ordered vacated, abandoned and closed to public use is that certain easement described in said Resolution No. 63R -412, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That certain easement for public utility purposes upon, over, across, along and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The Westerly eight (8) feet of Lots 19 to 24, both inclusive, of Tract No. 3251, as shown on a Map recorded in Book 100,pages 17 and 18 of Miscellaneous Maps, records of Orange County, California; 5. That it finds that an easement for public utility power line overhang purposes over, along and across the hereinafter described property should be reservedi 6. That it does hereby order that an easement for pub- lic utility power line overhang purposes be reserved over, along and across the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: -2- 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 4th day of June, 1963. ATTEST: DENE M. WILLIAMS, CITY CLERK By C G eo- a� —e-r 'DEPUTY rim-cLERK Off` M CITY OF ANAHEIM STATE OF CALIFORNIA) ODUNTY 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 tTie 4th day of June 1963 by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 4th day of June 1963 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of June 19 63 (SEAL) The westerly five (5) feet of Lots 19 to 24, both inclusive, of Tract No. 3251, as shown on a Map recorded in Book 100, Pages 17 and 18 of Miscellan- eous Maps, Records of Orange County, California. AYES: COUNCILMEN :Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None By DEPUTY CITY CLERK C ITY' OFAI�AHE DENE M. WILLIAMS CITY CLERK OF THE CITY O=1AFETgr`