1965-934RESOLUTION NO. 65R- 934
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF A PORTION 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
30th day of November, 1965, pass its Resolution No. 65R -869 en-
titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF 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 PUBLICATION OF THIS RESOLUTION," whereby
it declared its intention to vacate, abandon and close to public
use a portion of 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 portion of easement; and
WHEREAS, said City Council did by said resolution fix
the 21st day of December, 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 vaca-
tion, abandonment and closing to public use of said portion of
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 portion of easement for public utility purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 9th
day of December, 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 portion of easement for
public utility purposes be posted conspicuously along the line
of said portion of 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, Donald R. O'Donnell did on the 9th day of
December, 1965, post conspicuously not less than three (3) such
notices along the line of said portion of 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 21st day of
December, 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 portion of easement for public
utility purposes, 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 evi-
dence submitted that said portion of 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
portion of said 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 portion of easement for public utility purposes de-
scribed in said resolution is unnecessary for present or
prospective public purposes;
3. That it does hereby order that said portion of
easement for public utility purposes be, and it is hereby,
vacated, abandoned and closed to public use;
4. That said portion of easement herein ordered
vacated, abandoned and closed to public use is that certain
portion of easement described in said Resolution No. 65R -869,
is situated in the City of Anaheim, County of Orange State of
California, and is more particularly described as follows:
That portion of an existing public utility easement,
located in the City of Anaheim, County of Orange, State
of California, conveyed to the Southern California Edison
Company by deed recorded January 15, 1963 in Book
6395, page 299 of Official Records of Orange County,
California, and conveyed to the City of Anaheim by deed
recorded January 15, 1963 in Book 6395, page 301 of
Official Records of Orange County, California, described
as follows:
That portion of said easement lying within Tract No. 5611,
recorded in Book 219, pages 48, 49 and 50 of Miscellaneous
Maps, 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 21st day of December 19 65
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
(SEAL)
IT
CLERK OF
F A
AYES:
NOES:
ABSENT:
s s.
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify th =t the foregoing resolution was passed and
adopted at a regular meeting of the City Council
held on the 1st dayy of December 19 fiS by the follow-
ing vote of the members thereof
COUNCILMEN
COUNCILMEN
COUNC ILMEN
Dutton, Pebley, Chandler
None
Schutte
AND I FURTHER CERTIFY th t the Mayor
Anaheim approved and signed said resolution on
December 19 65
IN WITNESS WHEREOF, I have hereunto
affixed the seal of the City of Anaheim this
December 19 65
-3-
IT
and Krein
of the City of
the 21st day of
set my hand and
1st day of
CLERt 0 THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing is the original of Resolution
No. 65R -934 duly passed and adopted by the Anaheim City Council on
December 21, 1965.
CITY CLERK