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63-0720RESOLUTION NO. 63R -720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR STREET AND ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING AN EASEMENT FOR ELECTRIC POWER LINE OVERHANG PURPOSES OVER, ALONG AND ACROSS A PORTION OF SAID PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 13th day of August, 1963, pass its Resolution No. 63R -666, en- titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR STREET AND ALLEY PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING AN EASEMENT FOR ELECTRIC 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 PUBLI- CATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use an easement for street and alley purposes upon, over, across and along the hereinafter described property under the provisions of the Street Vacation Act of 1941; and WHEREAS, the City Council did further declare its in- tention to reserve an easement for electric 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 par- ticulars as to the proposed vacation, abandonment and closing to public use of said easement for street and alley purposes and said reservation of easement for electric power line overhang purposes; and WHEREAS, said City Council did by said resolution fix the 3rd day of September, 1963, at 3 :00 otclock 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 street and alley 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 street and alley purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 22nd day of August, 1963, in the Anaheim Bulletin, a newspaper of general 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 street and alley purposes be posted conspicuously along the line of said -1- Engr. R/W 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 WHEREAS, Donald R. O'Donnell did on the 22nd day of August, 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 3rd day of Sep- tember, 1963, at 3 :00 o'clock P.M., at said City Hall, conduct a public hearing on the matter of whether said easement for street and alley 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 sub- mitted that said easement for street and alley purposes described in the Resolution of Intention and hereinafter described, is un- necessary for present or prospective street and alley 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 street and alley purposes de- scribed in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said easement for street and alley 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 -666, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly de- scribed as follows: That certain easement for street and alley purposes upon, over, across and along the following de- scribed property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Vineyard Lot B -2, as shown on a Map recorded in Book L., pages 629 and 630 of Deeds, records of Los Angeles County, California, described as follows: Beginning on the Southerly line of said Lot at a point distant thereon 55o.88 feet Easterly from the Southwesterly corner of said Lot B -2; thence Northerly parallel to the Westerly line of said Lot 327 feet to the Northerly line of the land described as Parcel No. One in the deed recorded -2- in Book 827, page 391 of Official Records of Orange County, California; thence Easterly along said Northerly line and parallel with the Southerly line of said Lot B -2, a distance of 12.62 feet to the Northeasterly corner of the parcel of land described in said Parcel No. One in the deed recorded in said Book 827, page 391; thence Southerly along the Easterly line of the parcel of land described in said Parcel No. One a dis- tance of 327 feet to the Southeasterly corner thereof, said corner being in the Southerly line of said Lot B -2; thence Westerly along the Southerly line of said Lot B -2 a distance of 12.62 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within Sycamore Street on the South. 5. That it finds that an easement for electric power line overhang purposes over, along and across the easterly three feet (3 of the hereinbefore described property should be reserved. 6. That it does hereby order that an easement for electric power line overhang purposes be reserved over, along and across the easterly three feet (31) of the hereinbefore described property. 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 3rd day of September, 1963. 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 -720 was introduced and adopted at a regular meeting provided by law, of the City Cquncil of the City of Anaheim, held on the 3rd day of September, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Schutte, Krein and Coons NOES; COUNCILMEN: None ABSENT: COUNCILMAN: Dutton and Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approwed and signed said Resolution No. 63R -720 on the 3rd day of September, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 3rd day of September, 1963. (SEAL) fl C TY CLERK OF THE CITY OF ANAHEIM