1965-911RESOLUTION NO. 65R- 911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING THE VACATION AND ABANDON-
MENT OF AN EASEMENT AND RIGHT OF WAY FOR DRAIN-
AGE 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 9th day of November, 1965, pass its Resolution No. 65R 815,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A}t EASE-
MENT AND RIGHT OF WAY FOR DRAINAGE 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 PUBLICATIONS OF THIS RESOLUTION,"
whereby it declared its intention to vacate, abandon and close
to public use an easement and right of way for drainage pur-
poses 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 clos-
ing to public use of said easement and right of way; and
WHEREAS, said City Council did by said resolution fix
the 30th day of November, 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 easement
and right of way for drainage purposes, for all persons interes-
ted 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 and right of way for drainage purposes should
not be vacated, abandoned and closed to public use; and
WHEREAS, said resolution was published on the 18th
day of November, 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, aban-
donment and closing to public use of said easement and right
of way 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 not less than three (35
such notices should be posted; and
WHEREAS, said City Council did on the 30th day of
November, 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 and right of way for
drainage purposes, hereinafter described, should be vacated,
abandoned and closed to public use, and at said hearing did
hear evidence thereon; and
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WHEREAS, the City Council did find that through inad-
vertence or oversight no notices of the passage of said Reso-
lution No. 65R -815 declaring the intention of the City Council
to vacate and abandon said easement and right of way for drain-
age purposes, and of the time and place of the hearing on the
matter of the vacation, abandonment and closing to public use
of said easement, were posted along the line of said easement
and right of way as directed by the City Council; and
WHEREAS, the City Council did continue said hearing
to December 14, 1965 at 1:30 o'clock P.M. in the City Council
Chamber, in the City Hall of the City of Anaheim, to permit
the posting of said notices along the line of said easement
and right of way and to permit all persons interested in or
objecting to said proposed vacation, abandonment and closing to
public use to appear and show cause, if any they had, why said
easement and right of way for drainage purposes should not be
vacated, abandoned and closed to public use; and
WHEREAS, Donald R. O'Donnell did on the 2nd day of
December, 1965, post conspicuously not less than three (3)
such notices along the line of said easement, giving the date,
time and place of said continued hearing, which notices were
posted not more than 300 feet apart, and were posted at least
ten (10) days before the date of said continued public hearing;
and
WHEREAS, the City Council did on December 14, 1965
at 1:30 o'clock P.M., in the Council Chamber in the City Hall,
City of Anaheim, hold and conduct said continued public hearing
on the matter of whether said easement and right of way for
drainage purposes hereinafter described should be vacated,
abandoned and closed to public use, and at said continued
hearing did hear evidence thereon; and
WHEREAS, the City Council finds from all of the
evidence submitted that said easement and right of way for
drainage purposes described in the Resolution of Intention and
hereinafter described, is unnecessary for present or prospec-
tive drainage purposes, and that an order vacating and abandon-
ing such easement and right of way 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 and right of way for drainage purposes des-
cribed in said Resolution is unnecessary for present or pro-
spective public purposes;
3. That it does hereby order that said easement and
right of way for drainage purposes be, and it is hereby, vacated,
abandoned and closed to public use;
4. That said easement and right of way herein ordered
vacated, abandoned and closed to public use is that certain
easement and right of way described in said Resolution No. 65R -815,
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is situated in the City of Anaheim, County of Orange, State
of California, and is more particularly described as follows:
That portion of the existing 16 -foot wide right of way
located in the City of Anaheim, County of Orange, State
of California, as acquired by the Anaheim Union Water
Company to construct a drainage ditch by deed recorded
May 5, 1896 in Book 24, page 6 of Deeds, Records of
Orange County, California, and quitclaimed to the City of
Anaheim by Quitclaim Deed recorded September 25, 1964 in
Book 7235, page 256 of Official Records of Orange County,
California, described as follows:
The Northerly 16 feet of Lot 7 and Lot 8 of Tract
No. 3042, as shown on a Map recorded in Book 92, page
4 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 14th day of December, 1965.
ATTEST:
STATE OF CALIFORNIA
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 -911 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 14th day of
December,-1965, by the following vote of-the members thereof:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSTAINED: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Schutte and Kreirr
None
Pebley
Chandler
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 6 .5R- 911 on the
14th day of December, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official'seal of the City of Anaheim this 14th day
Of December, 1,965.
(SEAL)
CIT CLERK OF 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 -911 duly passed and adopted by the Anaheim City Council on.
December 14, 1965.
CITY CLERK