1965-424RESOLUTION NO. 65R- 424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DECLARING ITS INTENTION TO VACATE
AND ABANDON A PORTION OF AN ALLEY AND EASE-
MENT 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 HEARING THEREON; DIRECT-
ING THE POSTING OF NOTICES THEREOF AND THE
PUBLICATION OF THIS RESOLUTION.
WHEREAS, a request has been made for the abandonment
of that certain portion of an alley and easement for alley
purposes and that certain portion of a public utility easement
upon, over, across, along and through the property hereinafter
described; and
WHEREAS, the City Council of the City of Anaheim does
elect to proceed under the provisions of the Street Vacation
Act of 1941, to abandon or vacate said portion of an alley and
easement for alley purposes and under the provisions of the
Public Service Easement Vacation Law, Title 5, Division 1,
Article 5 of the Government Code to abandon said portion of a
public utility easement; and
WHEREAS, the City Council does declare that it intends
to reserve a public utility overhang easement, to commence above
a height of fifteen (15) feet, over, along and across that
certain portion of a public utility easement hereinafter de-
scribed and designated as Parcel 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that it does hereby declare that it intends
to vacate, abandon and close to public use that certain portion
of an alley and easement for alley purposes and that certain
portion of a public utility easement upon, over, across, along
and through the following described property situated in the
City of Anaheim, County of Orange, State of California, being
a portion of Section 3, Township 4 South, Rage 10 West,
S.B.B.& M., 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 Gresswell Sub-
division, as shown on a Map recorded in Book 6, page 47
of Miscellaneous Maps, records of Orange County,
California.
EXCEPTING THEREJROM 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
-1-
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 Subdivision
(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 exten-
sion of the North line of said Lot 23 of the Gresswell
Subdivision; thence East along the North line of said
Lot 23 extended a distance of 21.00 feet to the point
of beginning.
and that it does elect to proceed 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
BE IT FURTHER RESOLVED that the City Council does here-
by further declare that it intends to reserve a public utility
overhang easement, to commence above a height of fifteen (15)
feet, over, along and across that certain portion of a public
utility easement hereinbefore described and designated as
Parcel 2; and
BE IT FURTHER RESOLVED that reference is hereby made
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 alley and easement for alley
purposes and said portion of public utility easement, and said
reservation of said public utility overhang easement; and
BE IT FURTHER RESOLVED that a time and place for
hearing all persons interested in or objecting to the proposed
vacation and abandonment shall be fixed not less than fifteen
(15) days from the date of the passage of this resolution.
That the 29th day of June 1965, at 1:30 o'clock
P.M. in the Council Chamber in the City Hall in the City of
Anaheim is hereby fixed as the time and place for a public
hearing on the matter of such vacation, abandonment and closing
to public use of said portion 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 show cause,
if any they have, why such portion of alley and easement and
such portion of public utility easement, and the use thereof
for the purposes hereinabove mentioned, should not be vacated,
abandoned and closed to public use; and
BE IT FURTHER RESOLVED that notices of such proposed
vacation and abandonment of said portion of alley and easement
and said portion of public utility easement, and the use there-
of for the purposes herein mentioned, shall be posted conspicu-
ously along the lines of said portion of alley and easement and
said portion of public utility easement at least ten (10) days
before the date set for said hearing. Such notices shall be
posted not more than 300 feet apart, and at least three (3)
such notices shall be posted along the line of each portion of
alley and easements proposed to be vacated and abandoned. Such
notices shall state the passage of this Resolution of Intention
and the time and place of the hearing upon the matter of such
vacation and abandonment of said portion of alley and easement
and said portion of public utility easement; and
BE IT FURTHER RESOLVED that proof of publication of
any notice required by this resolution shall be made by affi-
davit as provided in the Code of Civil Procedure, and proof of
posting of any such notice shall be made by affidavit of the
person posting the notice, setting forth the facts regarding
such posting; and
BE IT FURTHER RESOLVED that the City Clerk shall certify
to the passage of this resolution and shall cause the same to
be published in the manner prescribed by law, in the Anaheim
Bulletin, a newspaper of general circulation, printed, published
and circulated in said City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
8th day of June, 1965.
this
ATTEST:
LE K OF CI y Y OF Agt1M7
MAYOR OF THE CITY ANAHEIM
STATE OF CALIFORNIA 3
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. 65R -424
was introduced and adopted at a regular meeting provided by
law, of the City Council of the City of Anaheim, held on the
8th day of June, 1965, by the following vote of the members
thereof:
AYES: COUNCILMEN: Dutton, Peblev, Schutte, Chandler and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 65R -424 on
the 8th day of June, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 8th
day of June, 1965.
(SEAL)
I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM,
DO HEREBY CERTIFY THAT THE FORE :;:.1N3 13 THE i.
AL OF RESOLUTION NO. 65; 4 7 4 DULY PAS` ED AND
ADO 'ED BY THE ANAHEIM CITY �7 YC COUNCIL ON 0 -6, 5
G
CITY CLERK
CIT CLER OF THE CITY OF ANAHEIM