1960-5745RESOLUTION NO. 5745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT FOR PUBLIC UTILITY 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
22nd day of December, 1959, pass its Resolution No. 5716, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR-
ING ITS INTENTION TO VACATE AND ABANDON 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 PUBLI-
CATION OF THIS RESOLUTION," whereby it declared its intention to
vacate, abandon and close to public use an easement 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 easement; and
WHEREAS, said City Council did by said Resolution fix
the 12th day of January, 1960, at 7:00 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, abandon-
ment 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 28th day
of December, 1959, in the Anaheim Gazette, 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 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 before said
hearing, and not less than three (3) such notices should be posted;
and
WHEREAS, Robert Fleming did on the 30th day of December,
1D59, post conspicuously not less than three (3) such notices along
the line of said easement, which notices were posted not more than
300 feet apart, and were posted at least ten (10) days before said
hearing; and
WHEREAS, said City Council did on the 12th day of January,
1960, at 7:00 otclock 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 easement for public utility purposes, hereinafter
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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 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 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 easement for public utility purposes described in said
Resolution is unnecessary for present or prospective public pur-
poses;
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. 5716, and is situated in the City of Anaheim,
County of Orange, State of California, and is more particularly
described as follows:
ATTEST:
An easement for public utility purposes upon, along,
over and through the following described property,
to wit:
The Southerly five (5) feet of Lots 12 and 20 of Tract
No. 3251 as shown on a map filed in Book 100, Pages
17 and 18 of Miscellaneous Maps, Records of Orange
County, California, as said five (5) foot easement is
recorded in Book 4109, Page 529, Official 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 12th day of January, 1960.
E K G OF A` IN
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C TY OF ANAHEIM
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 introduced
and adopted at a regular meeting provided by law of the City
Council of the City of Anaheim, held on the 12th day of January,
1960, by the following vote:
AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte
NOES: COUNCILMEN: None
ASSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the.l2th day of
January, 1960.
IN WITNESS WHEREOF, I have hereunto set my hand'and affixed
the official seal of the City of Anaheim this 12th day of January, 1960.
(SEAL)
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CITY CLERK OF THE CITY OF ANAHEIM