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1965-152RESOLUTION NO. 65R -152 A RESOLUTION OF THL CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING TH:; VACATION AND ABANDONMENT OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER DESCRIBED REAL PROPERTY. WHEREAS, the City Council of the City of Anaheim, a Municipal Corporation of the State of California, did on the 9th day of February, 1965, pass its Resolution No. 65R -96, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASE MENT FOR ROAD AND PUBLIC UTILITY PURPOSES UPON, OVER, ACROSS, ALONG 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 RE SOLU- TION," whereby it declared its intention to vacate and abandon and close to public use an easement for road and public utility purposes upon, over, across, along and through the hereinafter described property, 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 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 road and public utility pur- poses; and WHEREAS, said City Council did by said resolution fix the 2nd day of March, 1965, at 1 :30 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, aban- donment and closing to public use of said easement for road and 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 road and public utility purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 15th day of February, 1965, 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 easement for road and 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 that not less than three (3) such notices should be posted; and -1- WHEREAS, Donald R. O'Donnell did on the 18th day of February, 1965, 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 2nd day of March, 1965, at 1 :30 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 easement for road and public utility pur- poses, 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 evidence submitted that said easement for road and public utility purposes described in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective road and public utility purposes, and that an order vacating and abandoning such ease- ment for road and 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 road and public utility purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said easement for road and 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. 65k -96, is situated in the City of Anaheim, County of Orange, State of California, and is more particularity described as follows: The East 23.00 feet of Lot 1, Joseph Fiscus Sub- division, in the City of Anaheim, County of Orange, State of California, as shown on a Map recorded in Book 8, page 73 of Miscellaneous Maps, records of Orange County, California.. EXCEPTING THEREFROM that portion of said East 23.00 feet lying Northeasterly of a line parallel with and distant Southwesterly 3MC feet, measured at right angles, from the Southwesterly line of the land described in the deed to the State of California recorded April 15, 1943 in Book 1185, page 299 of Official Records of said Orange County. AND By 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, -2- THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of March 19 65 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE s s CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify th.: the foregoing resolution w s pas,, »ed and adopted ,tt a regul.r meeting of the City Council held on the 2nd day of March 19 65 by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ASSENT: COUNCILMEN: None An of heim (SEAL) AND I FURTHER CERTIFY th t the Mayor of the City of pproved nd signed said resolution on the 2nd d-.y March 19 65 IN WITNESS WHEREOF, I h:ve hereunto set my hand and affixed the se ='1 of the City of An heim this 2nd day of March 19 65