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1965-815RESOLUTION NO. 65R -815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON AN EASEMENT 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; DIRECT- ING THE POSTING OF NOTICES THEREOF AND THE PUBLICATIONS OF THIS RESOLUTION. WHEREAS, a request has been made for the abandonment of an easement and right of way for drainage purposes upon, along, over and through the property hereinafter described; and WHEREAS, the provisions of Title 5, Division said easement and the City Council does elect to proceed under the Public Service Easement Vacation Law, 1, Article 5 of the Government Code, to abandon right of way for drainage purposes. 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 an easement and right of way for drainage purposes upon, along, over and through the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: 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 that it does elect to proceed 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 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 easement and right of way; and BE IT FURTHER RESOLVED that a time and place for hearing all persons interested in or objecting tothe proposed vacation and abandonment shall be fixed not less than fifteen (15) days from the date of the passage of this resolution. That the 30th day of November 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 easement and right of way for drainage purposes, for all persons interested in or objecting to such proposed vacation, abandon- ment and closing to public use to appear and show cause, if any they have, why such easement and right of way, and the use there- of 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 easement and right of way and the use thereof for the purposes herein mentioned, shall be posted conspicuously along the line of said easement and right of way 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. Such notices shall state the passage of this Resolution of Inten- tion and the time and place of the hearing upon the matter of such vacation and abandonment of said easement and right of way; 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 Bulle- tin, a newspaper of general circulation, printed, published and circulated in said City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of November, 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 -815 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of November, 1965, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -815 on the 9th day of November, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed, the official seal of the City of Anaheim this 9th day of November, 1965. (SEAL) AYES: COUNCILMEN: Dutton, NOKIX4 Schutte and Krein NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Pebley ABSENT: COUNCILMEN: Chandler C I 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 -815 duly passed and adopted by the Anaheim City Council on November 9, 1965.