1962-1102RESOLUTION NO. 62R 1102
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ORDERING THE VACATION
AND ABANDONMENT OF THAT PORTION OF AN
EASEMENT FOR PUBLIC UTILITY AND DRAINAGE
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
4th day of December, 1962, pass its Resolution No. 62R -1040,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON THAT PORTION OF AN
EASEMENT FOR PUBLIC UTILITY AND DRAINAGE 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 portion of an easement for public utility and drainage
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 an easement; and
WHEREAS, said City Council did by said Resolution fix
the 26th day of December, 1962, 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 portion of
an easement for public utility and drainage 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 an easement for public
utility and drainage purposes should not be vacated, abandoned
and closed to public use; and
WHEREAS, said Resolution was published on the 13th day
of December, 1962, 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 an easement for
public utility and drainage purposes be posted conspicuously along
the line of said portion of an 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 14th day of
December, 1962, post conspicuously not less than three (3) such
notices along the line of said portion of an easement, which
notices were posted not more than 300 feet apart, and were posted
at least ten (10) days before said hearing; and
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WHEREAS, said City Council did on the 26th day of
December, 1962, 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 an easement for pub-
lic utility and drainage 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 evi-
dence submitted that said portion of an easement for public
utility and drainage purposes described in the Resolution of
Intention and hereinafter described, is unnecessary for present
or prospective public utility and drainage purposes, and that an
order vacating and abandoning such portion of an easement for
public utility and drainage purposes as described in the Resolu-
tion 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 an easement for public utility and drainage pur-
poses described in said Resolution is unnecessary for present or
prospective public purposes;
3. That it does hereby order that said portion of an
easement for public utility and drainage purposes be, and it is
hereby, vacated, abandoned and closed to public use;
4. That said portion of an easement herein ordered va-
cated, abandoned and closed to public use is that certain portion
of an easement described in said Resolution No. 62R -1040, and is
situated in the City of Anaheim, County of Orange, State of
California, and is more particularly described as follows:
The Southeasterly 2 feet 4 inches of the
Northwesterly five feet of lot 8 of Tract
No. 1504, as shown on a Map recorded in
book 44, page 50 of Miscellaneous Maps,
records of Orange County, California.
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 December, 1962.
ATTEST:
DENE M. WILLIAMS
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OF THE C TY OF 4 &HEIM
CITY CLERK OF THE CITY OF ANAHEIM
By 6.-e
DEPUTY CITY CLERK
(SEAL)
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. 62R -1102 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
December, 1962, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons.
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 62R -1102 on the
26th day of December, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 26th day
of December, 1962.
DENE M. WILLIAMS
CITY CLERK OF THE CITY OF ANAHEIM
By
DEPUTY CITY CLERK