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1965-487RESOLUTION NO. 65R- 487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF A PORTION OF AN ALLEY AND EASEMENT FOR ALLEY PURPOSES AND A PORTION OF A CERTAIN PUBLIC UTILITY EASEMENT UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; AND RESERVING A PUBLIC UTILITY OVERHANG EASEMENT 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 8th day of June, 1965, pass its Resolution No. 65R -424 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AN ALLEY AND EASEMENT FOR ALLEY PURPOSES AND A PORTION OF A CERTAIN PUBLIC UTILITY EASEMENT UPON, OVER, ACROSS, ALONG AND THROUGH THE HEREINAFTER DESCRIBED REAL PROPERTY; RESERVING A PUBLIC UTILITY OVERHANG EASEMENT OVER, ALONG AND ACROSS A PORTION OF SAID PROPERTY; FIXING A TIME AND PLACE FOR A HEAR- ING THEREON; DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION," whereby it declared its intention to vacate and abandon and close to public use a portion of an alley and easement for alley purposes and a portion of a certain public utility easement 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 did further declare its intention to reserve a public utility overhang easement over, along and across a portion of said property; 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 clos- ing to public use of said portion of alley and easement for alley purposes and said portion of public utility easement, and said reservation of easement for public utility purposes; and WHEREAS, said City Council did by said resolution fix the 29th day of June, 1965 at 1 :30 o'clock .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 por- tion of alley and easement for alley purposes and said portion of public utility easement, for all persons interested in or objecting to such proposed vacation, abandonment and closing to public use to appear and slow cause, if any they had, why such portion of alley and easement for alley purposes and such portion of public utility easement should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 17th day of June, 1965, in the Anaheim Bulletin, a newspaper of -1- -2- 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, aban- donment and closing to public use of said portion of alley and easement for alley purposes and said portion of public utility easement be posted conspicuously along the lines of said portion of alley and easement and said portion of public utility 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 along the line of each of said portions of alley and easements; and WHEREAS, Donald O'Donnell did on the 17th day of June, 1965, post conspicuously not less than three (3) such notices along the line of each of said portions of alley and easements, 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 29th day of June, 1965, at 1 :30 o'clock P.P., at said City Hall, conduct a public hearing on the matter of whether said portion of alley and easement for alley purposes and said portion of public utility easement, 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 portion of an alley and easement for alley purposes and said portion of public utility ease- ment described in the Resolution of Intention and hereinafter described, are unnecessary for present or prospective alley and public utility purposes and that an order vacating and abandoning such portion of said alley and easement and such portion of public utility 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 portion of an alley and easement for alley purposes and said portion of public utility easement described in said resolution are unneces- sary for present or prospective public purposes; 3. That it does hereby order that said portion of alley and easement for alley purposes and said portion of public utility easement be, and they are hereby, vacated, abandoned and closed to pub- lic use; 4. That said portion of alley and easement for alley purposes and said portion of public utility ease- ment herein ordered vacated, abandoned and closed to public use are those certain portions of an alley and easement for alley purposes and an easement for public utility purposes described in said resolution No. 65R -424, are situated in the City of Anaheim, County of Orange, State of California, and are more particularly described as follows: Parcel 1: That portion of the dedicated alley (15.00 feet wide) lying between Lots 23 and 24 of the Gress well Subdivision, as shown on a Map recorded in Book 6, page 47 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the Southerly ten (10) feet thereof. Parcel 2: The Westerly five (5) feet of that certain public utility easement to the City of Anaheim, designated as Parcel #2, in Resolution No. 2917, recorded September 2, 1953 as Document Number 58901 in Book 2568, page 26 of Official Records of Orange County, California, described as follows: Beginning at a point on the Westerly extension of the North line of Lot 23 of the Gresswell Subdivi- sion (as shown on a Map recorded in Book 6, page 47 of Miscellaneous Maps, Records of Orange County, California), said point being 14 feet West of the Northwest corner of said Lot 23; thence North 0 01' West a distance of 264.08 feet to a point; thence South 89 58' 38 West 21.00 feet; thence South 0 01' East a distance of 264.08 feet to an intersection with the Westerly extension of the North line of said Lot 23 of Gresswell Subdivi- sion; thence East along the North line of said Lot 23 extended a distance of 21.00 feet to the point of beginning. 5. That it finds that a public utility overhang ease- ment, to commence above a height of fifteen (15) feet, over along and across that certain portion of the public utility easement hereinbefore des- cribed and designated as Parcel 2, should be reserved. 6. That it does hereby order that a public utility overhang easement, to commence above a height of fifteen (15) feet, over, along and across that certain portion of the public utility easement here inbefore described and designated as Parcel 2, be reserved. AND BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, authorized and directed to cause a certi- fied 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 29th day of June 19 65 STATE OF CALIFORNIA COUNTY OF ORANGE ss, CITY OF ANAHEIM a (SEAL) 19 65 I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify th. the foregoing resolution was passed and ,..dopted -'.t regular meeting of the City Council held on the 29tth day of Tun 19 65 by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None A ;SENT: COUNCILMEN: None AND I FUR' _'s "ER CERTIFY that the Mayor of the City of An pproved and signed s.id resolution on the 29th d of .Tune 19 65 IN WITNESS WHEREOF, 1 h ffixed the set of the City of Ana heim this 29th day of June ve hereunto set my hand and CLERK OF THE CITY OF ANAHEIM 1, DENE M, WILLIAMS, CITY CLERK CF THE CITY OF ANAHEIM, DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN- AL OF RESOLUTION NO. r DULY PASSED AND ADOPT :Y THE ANAHEIM CITY COUNCIL ON 4 44 AN HE CITY CLERK