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64-254Acctg. RESOLUTION NO. 64R- 2,54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF, REAL PROPERTY FOR STADIUM COMPLEX, SPORTS ARENA AND ASSOCIATED PARKING PURPOSES. WHEREAS, public convenience and necessity require the acquisition, improvement and maintenance of a public improvement within the City of Anaheim, to wit: a stadium complex, sports arena and associated parking; and WHEREAS, the City Council does find and determine that public interest and necessity require the acquisition by the City of Anaheim of all that certain real property herein described for the improvement and maintenance of a stadium complex, sports arena and associated parking. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that public interest and necessity require the acquisition of that certain real property in the City of Anaheim, County of Orange, State of California, more particularly described as follows, to wit' PARCEL 30' That portion of Lot 4 of Tract No. 71, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 10, page 22 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the southeast corner of said lot, thence northeasterly 804.77 feet along the easterly line of said lot; thence westerly 2299.80 feet, more or less, parallel with the southerly line of said lot to the West line of Section 25 in Township 4 South, Range 10 West; thence South 781.22 feet along the West line of said Section to the westerly prolongation of the South line of said lot; thence East 2133.69 feet, to the point of beginning. EXCEPT that portion thereof lying easterly of the cen- ter line of the 34-foot easement as described in the deed to The Atchison, Topeka and Santa Fe Railway Com- pany, recorded May 4, 1959 in Book 4698, page 205, Official Records in the office of the County Recorder of said Orange County. Said land is included within the area shown on a map filed in Book 56, page 44 of Record of Surveys, in the office of said County Recorder. AND IN ADDITION THERETO: An undivided 21/ll2ths interest in and to a pumping plant site and all appurtenances thereto, said pumping plant site being described as follows: Commencing at a bolt in the pavement marking the Northwest corner of Section 25, Township 4 South, -1- Range 10 West, S.B.B. & M., and running thence East along the North line of Section 25 and the norther- ly line of Lot 5 of Tract 71 as per map recorded in Book 10, page 22 of Miscellaneous Maps, Records of Orange County, 196 feet to a point thence South 0° 8' East parallel to the West line of said Section, 10 feet to the point of beginning of the lot herein described; and running thence from said point of beginning East parallel with the northerly line of said Lot 5, 36 feet; thence South 0° 8' East parallel with the West line of said Section, 58.50 feet; thence West parallel with the northerly line of said Lot 5, 36 feet; thence North 0° 8' West parallel with the West line of said Section, 58.50 feet to the point of beginning, containing 0.04835 acres, more or less. AND IN ADDITION THERETO' _ A right of way for ingress to and egress from said pumping plant site over a strip of land 10 feet wide, described as follows: Beginning at a bolt in the pavement marking the North- west corner of said Section 25, and running thence East along the North line of said Section and the northerly line of said Lot 5, 232 feet to a point; thence South 0° 8' East parallel with the West line of said Section 10 feet to the northeast corner of said site; thence West parallel with the North line of said Section 232 feet to a point on the West line of said Section; thence North 0° 8' West 10 feet to the point of beginning. Said right of way being used jointly by the owners of interest in said pumping plant site, their heirs and assigns. AND IN ADDITION THERETO: Right to use existing pipe lines for purpose of convey- ing water from said pumping plant site to land herein described as Parcel 30. AND IN ADDITION THERETO: 3' ' III II IIIIlllll, I I I J 11 , L I An easement for road purposes over the following strips of land: (a) A strip of land, 30 feet in width, the center line of which is described as beginning at the northeast cor- ner of the land hereinbefore described in Parcel 30, and running thence westerly, along the North line of said Parcel 30 and the westerly extension thereof, to the West line of Lot 4 of said Tract No. 71. (b) A strip of land, 30 feet in width, the center line of which is described as beginning at the southeast cor- ner of Lot 4 of said Tract No. 71, and running thence westerly along the South line of said Lot 4 to the West line of said Lot 4; EXCEPTING FROM said easement that portion thereof in- cluded within Parcel 30 hereinbefore described. -2- PARCEL 31: _ Ail that certain real property being that portion of Lots 4 and 5 of Tract No. 71, in the City of Anaheim as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, des- cribed as follows: Beginning at the point on the South line of the land conveyed to Maurice E. Bivens, by deed recorded June 17, 1927, in Book 62, page 45, Official Records, in the office of the County Recorder of said Orange County, dis- tant South 89° 59'15" East 748.00 feet from the South- west corner of said land (said Southwest corner being on the center line of the 60-foot road, now known as Plac- entia Avenue; along the Westerly line of said Lots 4 and 5)~, thence from said point of beginning, North 0° 08' 00 West parallel with the Westerly line of said Lots 4 and 5, a distance of 595.06 feet to the center line of Katella Avenue, 60 feet wide, as described in decree of condemnation recorded July 8, 1960, in Book 5321, page 397, Official Records, in the office of the County Re- corder of said Orange County; thence Northeasterly along said center line along the arc of a curve concave North- westerly and having a radius of 1000.00 feet from a tangent which bears North 70° 38' 28" East through a central angle of 21© 44' 49" a distance of 379.56 feet; thence tangent to said curve, North 48° 53' 39" East 126.74 feet to the East line of said land conveyed to Maurice E. Bivens; thence along the boundary of said land of Bivens, South 0© 08' 00" East 868.44 feet to the South line of said land conveyed to Bivens; thence North 89° 59' 15'~ West along said. South line, 422.10 feet to the point of beginning. AND IN ADDITION THERETO' An easement for street and public utility purposes over a 15-foot strip of land in Lot 4 of Tract No. 71, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, the South line of which 15-foot strip is described as follows: Beginning at the Southwest corner of the land hereinbefore described in Parcel 31, and running thence North 89° 59' 15" West, along the South line of said land conveyed to Bivens, 718 feet to the East line of said Placentia Avenue. AND IN ADDITION THERETO: An undivided 7.75/l12ths interest in the following: Commencing at a bolt in the pavement marking the North- west corner of Section 25, Township 4 South, Range 10 West, in the San Bernardino Base and Meridian, and running thence East along the North line of said Section 25 and the Northerly line of Lot 5 of Tract No. 71, as shown on a map recorded in Book 10, page 22, Miscel- laneous Maps, records of said Orange County, 196 feet to a point; thence South 0© 8' East parallel with the West line of said Section, 10 feet to the true point of beginning; thence from said true point of beginning East, -3- parallel with the Northerly line of said Lot 5, 36 feet; thence South 0° 8' East, parallel with the West line of said Section, 58.50 feet; thence West paral- lel with the Northerly line of said Lot 5, 36 feet; thence North 0° 8' West, parallel with the West line of said Section, 58.50 feet to the true point of beginning, containing .04835 acres, more or less, together with an undivided 7.75/l12ths interest in the pumping plant and equipment located thereon, and all appurtenant rights and easements as provided in pumping plant agreement recorded May 15, 1934, in Book 677, page 15, Official Records, in the office of the County Recorder of said Orange County. PARCEL 32: Ail that portion of Lots 4 and 5 of Tract No. 71, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, des- cribed as follows: Commencing at the intersection of the center line of Placentia Avenue, 60 feet in width, with the Westerly extension of the South line of said Lot 5 as shown on said map, and running thence Southerly, along said cen- ter line of Placentia Avenue, 215.32 feet to an inter- section with the North line of the land described in Parcel 1 in that certain agreement of sale recorded December 28, 1926, in Book 694, page 8, Deeds, records of said Orange County; thence Easterly along said North line 1170.10 feet to the East line of the land des- cribed in Parcel 1 in the deed to George A. Michel and others, recorded March 3, 1961, in Book 5645, page 807, Official Records, in the office of the County Recorder of said Orange County, said point being the true point of beginning of the land herein described; thence North 0° 08' 00" West along said East line, 581.65 feet to an intersection with the Northwesterly line of that certain easement for railway purposes conveyed to The Atchison, Topeka and Santa Fe Railway Company, by deed recorded January 26, 1961, in Book 5606, page 365, Official Records, in the office of the County Recorder of said Orange County; thence Northeasterly along said Northwest- erly line, being along a curve concave to the Southeast having a radius of 369.265 feet and the radial bearing at the beginning thereof being South 76 46 08 East, through an angle of 16° 35' 13" an arc distance of 106.90 feet; thence North 26° 08' 28" East 52.30 feet to the beginning of a curve concave to the Southeast, having a radius of 376.265 feet and radial bearing at the beginning thereof of South 52° 12' 29" East; thence Northeasterly along said curve through an angle of 37° 39' 47" an arc distance of 247.34 feet to an intersection with the South- westerly line of the main right of way of The Atchison, Topeka and Santa Fe Railroad Company~ as shown on said map of Tract No' 71; thence South 70° 53' 00" East, along said Southwesterly line, 217.85 feet to an inter- section with the West line of the land described in Parcel 1 in the deed to Aeroc, Inc., a corporation, by deed recorded March 17, 1961, in Book 5660, page 510, Official Records, in the office of the County Recorder of said Orange County; thence South 0° 08' 00" East, along said West line, 789.99 feet to an intersection with said North line described in Book 694, page 8, Deeds, records of said Orange County; thence Westerly, along said North line, 471.30 feet to the true point of beginning. AND IN ADDITION THERETO: An easement for street and public utility purposes over a 15-foot strip of land. in Lot 4 of Tract No. 71, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, the South line of said 15-foot strip of land is described as follows: Beginning at the Southwest corner of the land. herein- before described in Parcel 32, and running thence North 89' 59' 15" West 1140.10 feet along the North line of the land described, in Parcel 1 in that certain agreement of sale recorded December 28, 1926, in Book 694, page 8, Deeds, records of said Orange County, to the East line of Placentia Avenue, 60 feet in width. AND IN ADDIT ION THERETO: An undivided 9/ll2ths interest in and to a pumping plant site described as follows: Commencing at a bolt in the pavement marking the North- west corner of Section 25, Township 4 South, Range 10 West, San Bernardino Base and Meridian and running thence East along the North line of Section 25, and the Northerly line of Lot 5 of Tract No. 71, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, 196 feet to a point; thence South 0° 08' East parallel to the West line of said section, 10 feet to the point of beginning of the lot herein described, and running thence from said point of beginning, East parallel with the Northerly line of said Lot 5, 36 feet; thence South 0° 08' East, parallel with the West line of said section, 58.50 feet; thence West, parallel with the Northerly line of said Lot 5, 36 feet; thence North 0° 08' West, parallel with the West line of said section, 58.50 feet to the point of beginning. Together with an undivided 9/ll2ths interest in the pump- ing plant and equipment located thereon, and all appurte- nant rights and easements, as provided in the pumping plant agreement recorded May 15, 1934, in Book 677, page 15, Official Records, in the office of the County Recorder of said Orange County. PARCEL 33: That part of Lots 4 and 5 of Tract No. 71, in the City of Anaheim, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point in the South line of that certain property described in Registrar's Certificate of Title Number 4852, said point being the Southeast corner of that certain property described in Registrar's Certificate -5- of Title Number 5724, and running thence from said point of beginning, North 0° 08' West 800.40 feet to the Northeast corner of said property described in Registrar's Certificate of Title Number 5724, said Northeast corner being in the Northeasterly line of Lot 5 of said. Tract No. 71; thence Southeasterly along the said Northeasterly line of Lot 5 to the Northeast- erly corner of said Lot 5; thence South 0° 01' East to the Southeast corner of said Lot 5; thence South 13° 53' 45" West along the Easterly line of Lot 4 of said Tract No. 71, 221.95 feet to the Southeast corner of property described in said. Registrar's Certificate of Title Number 4852; thence West along the South line of said property, 717.45 feet to the point of beginning; EXCEPTING the Westerly 30 feet of the hereinbefore des- cribed property, said 30 feet being measured along the South line of said parcel, the East line thereof being parallel to the West line of said parcel; ALSO EXCEPTING therefrom any part thereof within the right of way of The Atchison, Topeka & Santa Fe Railway Company. AND IN ADDITION THERETO' An easement for street and public utility purposes over a 15-foot strip of land in Lot 4 of Tract No. 71, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of Orange County, California, the South line of said 15-foot strip is described as follows: Beginning at the Southwest corner of the land herein- before described in Parcel 33, and running thence North 89° 59' 15" West 1941.40 feet, more or less, along the North line of the land described in Parcel 1 in that certain Agreement of Sale recorded December 28, 1926, in Book 694, page 8, Deeds, to the East line of Placentia Avenue, 60 feet in width. AND IN ADDITION THERETO: An undivided ll/ll2ths interest in and to a pumping plant site described as follows: Commencing at a bolt in the pavement marking the North- west corner of Section 25, Township 4 South, Range 10 West, S.B.B. & M., and running thence East along the North line of Section 25 and the Northerly line of Lot 5 of Tract No. 71, as shown on a map recorded in Book 10, page 22, Miscellaneous Maps, records of Orange County, California, 196 feet to a point; thence South 0° 08' East parallel to the West line of said Section, 10 feet to the point of beginning of the lot herein described, and run- ning thence from said point of beginning, East, parallel with the Northerly line of said Lot 5, 36 feet; thence South 0° 08' East, parallel with the West line of said Section, 58.50 feet; thence West, parallel with the Northerly line of said Lot 5, 36 feet; thence North 0° 08' West, parallel with the West line of said Section, 58.50 feet to the point of beginning. -6- Together with an undivided ll/ll2ths interest in the pumping plant and equipment located thereon, and all appurtenant rights and easements, as provided in the pumping plant agreement recorded May 15, 1934, in Book 677, page 15, Official Records. PARCEL 35: That certain irregular shaped parcel of land in the City of Anaheim, County of Orange, State of California, being all that portion of Lot 5 of "Tract 71" as shown on that certain map recorded in Book 10, page 22 of Miscellaneous Maps, Records of said County, more par- ticularly described as follows: Beginning at a point in the westerly line of that certain 8.8858-acre parcel of land described in deed recorded May 16, 1930, in Book 380, page 357, Official Records of said County, said westerly line being also the easterly line of that certain parcel of land des- cribed in deed from Jacob E. Schumacher, et ux, to Maurice E. Bivens, et ux, recorded June 17, 1927, in Book 62, page 45 Official Records of said County, dis- tant North 0° 08{ West along said westerly line 581.31 feet from the southwesterly corner of said 8.8858-acre parcel of land, said southwesterly corner being also the southeasterly corner of said parcel of land recorded in Book 62, page 45; thence northerly, from whence a tangent bears North 13° 13' 52" East along the arc of a curve concave easterly and having a radius of 369.265 feet through a central angle of 16° 35' 13" a distance of 106.90 feet; thence North 26° 08' 28" East 52.30 feet; thence northeasterly from whence a tangent bears North 37° 47' 31" East along the arc of a curve, con- cave southeasterly and having a radius of 376.265 feet through a central angle of 37° 39' 47" a distance of 247.34 feet to a point in the southerly line of The Atchison, Topeka and Santa Fe Railway Company's 100-foot wide right of way, described in deed dated March 15, 1888, and recorded March 26, 1888, in Book 407 of Deeds, page 130 Official Records of Los Angeles County thence North 708 53' West along said southerly line 150~24 feet to a point in the southeasterly line of Katella Avenue, 100 feet wide; thence South 48° 52' 25" West along said southeasterly line 163.99 feet to a point in the westerly line of said 8.8858-acre parcel of land; thence South 0v 08' East along said westerly line 221.04 feet to the point of beginning. Containing an area of 0.59 of an acre, more or less. PARCEL 36' A portion of Lot 4 of Tract No. 71, in the City of Anaheim, as shown on a map thereof recorded in Book 10, page 22, Miscellaneous Maps, records of said Orange County, des- cribed as follows' Beginning at the Southeast corner of said Lot 4 and run- ning thence Northeasterly along the Easterly line of said Lot 4, 804.77 feet to a point; running thence West- erly, parallel with the Southerly line of said Lot 4, 2299.80 feet, more or less, to a point in the West line of Section 25, in Township 4 South, Range 10 West, San -7- Bernardino Base and Meridian; runnin8 thence South along the West line of said~$ection 781.22 feet, more or less, to its intersection with the South line of said Lot 4 produced Westerly; running thence East along the Southerly line of said Lot 4, 2133.69 feet, more or less, to the point of beginning; EXCEPT THEREFROM the Westerly rectangular 1115.18 feet thereof; ALSO EXCEPTING THEREFROM that. portion thereof lying West- erly of the center line of the 34-foot easement, as des- cribed in the deed to The Atchison, Topeka and Santa Fe Railway Company, recorded May 4, 1959, in Book 4698, page 205, Official Records. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that public interest and necessity require the acquisition of said land by the City of Anaheim for the improve- ment and maintenance of the aforesaid project, and that the taking of the property hereinabove described is necessary therefor, and that the use to which it is to be applied is a use authorized by law and the taking of said property is necessary to such use. AND BE IT FURTHER RESOLVED that the acquisition of said property by the City of Anaheim be, and it is hereby authorized and the City Attorney be, and he is hereby directed to acquire the same by an action in eminent domain, or otherWise, for the acquisition of fee title to said property, and to perform and carry out all of the necessary proceedings and steps incident to 'the acquisition of the title to said property. THE FOREGOING RESOLUTION is approved and signed by me 'this 14th day of April, 1964. OR OF THE CITY OF ANAHEIM ......... ATTEST: / c~IT~' fi~ER~ 0'F THE eiTY dF' ANAHEIM -8- STATE OF CALIFORNIA ) COUNTY OF ~ORANG£ ) ss. CITY OF ANAHEIM ) I.~ DENE M. WILLIAMS, City Clerk of the. City of Anaheim, d° hereby certify that the foregoing Resolution No. ~4R-254 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 April, 1964, by the following vote of the members thereof: AYES: NOES- · COUNCILMEN: Dutton, Chandler, Schufite, Krein and Coons COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolutinn No. 64R-254 on the 14th day of April, 1964. IN WITNESS WHEREOF, I have hereunto se% my hand and affixed the official seal of the City of Anaheim, this 14th day of April, 1964. CITY CLERK OF THE CITY OF ANAHEIM (SEAL),