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1965-441RESOLUTION NO. 65R -441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDON- MENT OF AN EASEMENT FOR DRAINAGE PURPOSES 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 25th day of May, 1965, pass its Resolution No. 65R -378, en- titled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT FOR DRAINAGE PURPOSES OVER, ACROSS, ALONG AND THROUGH THE HEREIN- AFTER 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 an ease- ment for drainage purposes over, across, along 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 15th day of June, 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 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 easement for drainage purposes should not be vacated, abandoned and closed to public use; and WHEREAS, said resolution was published on the 3rd day of June, 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 drainage 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 WHEREAS, Donald R. 0' Donnell did on the 3rd day of June, 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 -1- WHEREAS, said City Council did on the 15th day of June, 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 drainage purposes, herein- after 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 drainage purposes de- scribed in the Resolution of Intention and hereinafter described, is unnecessary for present or prospective drainage purposes, and that an order vacating and abandoning such easement for drainage 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 drainage purposes described in said resolution is unnecessary for present or prospective public purposes; 3. That it does hereby order that said easement for drainage purposes be, and it is hereby, vacated, abandoned and closed to public use; 4. That said easement herein ordered vacated, aban- doned and closed to public use is that certain easement described in said Resolution No. 65R -378, is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of a certain drainage easement located in the City of Orange, and conveyed to the City of Anaheim, by deed recorded November 30, 1960 in Book 5528, Page 583 of Official Records of Orange County, California, also being a portion of Lots 43 to 57, inclusive, of Tract 4690, as shown on a Map recorded in Book 204, pages 36, 37 and 38 of Miscellaneous Maps, records of Orange County, Cali- fornia, lying Northerly and Westerly of the following described line: Commencing at a point in the Southwesterly boundary line of said Tract 4690, said point being the Southeasterly terminus of that certain course therein shown as North 56 29' 54" West 131.13 feet; thence South 76 11' 18" East 87.06 feet to the true point of beginning; thence North 82 37' 52" East 483.62 feet; thence North 80 18' 25" East 698.36 feet; thence North 83 43' 24" East 234.05 feet to the point of intersection with the East- erly line of Lot 57 of said Tract 4690. 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. -2- THE FOREGOING RESOLUTION is approved and signed by me this 15th day of June 19 65 ATTEST STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of An11eim, do hereby certify th t the foregoing resolution was pas ed and adopted at a regul r meeting of the City Council held on the 15th day of 19 65 by the following vote o the members the= AYESg COUNCILMENg Dutton Pebley, Schutte and Krein AND I FURTHER CERTIFY that the Mayor of the City of Aneheim pproved and signed s id resolution on the 15th day of June 19 65 (SEAL) er CITY OF ANA EIM N0ESg COUNCILMEN g None AiSENTg COUNCILMEN Chandler IN WITNESS WHEREOF, I heve hereunto set my hand and affixed the se 1 of the City of Anheim this 15th day of June 19 65 ss. 1AY� OF THE CI OF ANAHEIM LER OF Ai CITY OF ANAHEIM DENE M. WILLIAUS, CITY CRK F y.1 DO HERESY CERTIFY 1HA I THE AL OF RESOLUTION NO.6-.."19.- AA° ADOP 0 BY THE ANAHEIM CITY COUNCIL ON_ CITY CLERK