63-0444RESOLUTION NO. 63R- 444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE
AND ABANDON AN EASEMENT FOR ROAD AND PUBLIC
UTILITY PURPOSES UPON, OVER, ACROSS, ALONG
AND THROUGH THE HEREINAFTER DESCRIBED REAL
PROPERTY; RESERVING AN EASEMENT FOR SEWER
LINE, WATER LINE AND DRAINAGE PURPOSES UNDER,
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.
WHEREAS, a request has been made for the abandonment
of an easement for road and public utility purposes upon, over,
across, along and through the property hereinafter described;
and
WHEREAS, the City Council of the City of Anaheim does
elect to proceed under the provisions of the Street Vacation
Act of 1941, to abandon or vacate said easement for road pur-
poses and under the provisions of the Public Service Easement
Vacation Law, Title 5, Division 1, Article 5 of the Government
Code, to abandon said public utility easement, and
WHEREAS, the City Council does declare that it intends
to reserve an easement for sewer line, water line and drainage
purposes under, along and across a portion of the hereinafter
described property.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that it does hereby declare that it
intends to vacate, abandon and close to public use an easement
for road and 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:
That portion of Lot 8 of the Anaheim Homestead
Tract, as shown on a Map filed in Book 26, page 10
of Miscellaneous Records of Los Angeles County,
California, lying 25 feet on each side of the
following described center line:
Beginning at a point on the West line of said Lot 8
of the Anaheim Homestead Tract, said point being
510 feet Southerly of the Northwest corner of said
Lot 8; thence Easterly and at right angles to said
Westerly line of Lot 8, 280.00 feet; thence South-
easterly to a point on the Easterly line of Lot 8,
said point being 560 feet Southerly of the North-
east corner of said Lot 8.
Note: For the purpose of this description the
Westerly line of Lot 8 is the center line of a
40 -foot street commonly known as Loara Street,
EXCEPTING THEREFROM any portion thereof lying within
Loara Street along the West line of said Lot 8,
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and that it does elect to proceed under the provisions of the
Street Vacation Act of 1941, and under the provisions of the
Public Service Easement Vacation Law, Title 5, Division 1,
Article 5 of the Government Code; and
BE IT FURTHER RESOLVED that the City Council does
hereby further declare that it intends to reserve an easement
for sewer line, water line and drainage purposes under, along
and across the following portion of the hereinbefore described
property:
That portion of Lot 8 of the Anaheim Homestead Tract,
as shown on a Map filed in Book 26, page 10 of Mis-
cellaneous Records of Los Angeles County, California,
lying parallel with and five (5) feet Northerly and
parallel with and twenty (20) feet Southerly of the
following described line:
Beginning at a point on the West line of said Lot 8
of the Anaheim Homestead Tract, said point being 510
feet Southerly of the Northwest corner of said Lot
8; thence Easterly and at right angles to said
Westerly line of Lot 8, 280.00 feet; thence South-
easterly to a point on the Easterly line of Lot 8,
said point being 560 feet Southerly of the Northeast
corner of said Lot 8.
Note: For the purpose of this description the Westerly
line of Lot 8 is the center line of a 40 -foot street
commonly known as Loara Street.
BE IT FURTHER RESOLVED that reference is hereby
made 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 road and public
utility purposes, and said reservation of easement for sewer
line, water line and drainage purposes.
BE IT FURTHER RESOLVED that a time and place for
hearing all persons interested in or objecting to the proposed
vacation and abandonment shall be fixed not less than fifteen
(15) days from the date of the passage of this resolution.
That the day of June 1963, at 3:00 o'clock P.M.
in the Council Chamber in the City Hall in the City of Anaheim
is hereby fixed 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 road and public utility purposes, for
all persons interested in or objecting to such proposed vaca-
tion, abandonment and closing to public use to appear and show
cause, if any they have, why such easement and the use thereof
for the purposes hereinabove mentioned should not be vacated,
abandoned and closed to public use; and
BE IT FURTHER RESOLVED that notices of such proposed
vacation and abandonment of said easement and the use thereof
for the purposes herein mentioned shall be posted conspicuously
along the line of said easement at least ten (10) days before
the date set for said hearing. Such notices shall be posted
not more than 300 feet apart, and at least three (3) such
notices shall be posted. Such notices shall state the passage
of this Resolution of Intention and the time and place of the
hearing upon the matter of such vacation and abandonment of
said easement; and
BE IT FURTHER RESOLVED that proof of publication of
any notice required by this resolution shall be made by affi-
davit as provided in the Code of Civil Procedure, and proof of
posting of any such notice shall be made by affidavit of the
person posting the notice, setting forth the facts regarding
such posting; and
BE IT FURTHER RESOLVED that the City Clerk shall
certify to the passage of this resolution and shall cause the
same to be published in the manner prescribed by law, in the
Anaheim Bulletin, a newspaper of general circulation, printed,
published and circulated in said City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 21st day of May 1963.
ATTEST:
(SEAL)
l
CL K F THE CITY
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 was passed and
adopted at a regular meeting of the City Council
held on the 21st day of May 1963, by the following
vote of the members thereof:
VIES: COUNCILMEN: Dutton, Chandler, Schutte and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Coons
Pro Tem
AND I FURTHER CERTIFY that the Mayor /of the City of
Anaheim approved and signed said resolution on the 21st day
of May 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 21st day of
May 1963.
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CL'LRK OF THE CITY OF .ANAHEIM