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78-268RESOLUTIO NO. 78R -268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEM OF CERTAIN REAL PROPERTY. (Janaco- Peralta Hills) The City Council of the City of Anaheim does hereby resolve and determine, by a vote of not less than two - thirds of its members, as follows: SECTION I . That the public interest and necessity re- quire the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit, a right of way for storm drain and sewage disposal purposes and related incidental uses. The City is authorized to acquire the hereinafter described real property, or interest in real property pursuant to the Government Code of the State of California, including, but without limitation, Sections 37350.5, 37351 and 54601 of said Government Code. SECTION II . The City Council of the City of Anaheim finds and determines that: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. ?. The hereinafter described real property, or interest in real property, is necessary for the proposed project. SECTION III That the City of Anaheim is hereby auth- orized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for a right of way for storm drain and sewage disposal purposes and related incidental uses, to be used in accordance with the Code of Civil Procedure, the Charter of the City of Anaheim, and the Constitution of the State of California relating to eminent domain, a. permanent easement in, over and across the following described real property: The said real property, or interest in real property, is generally located and described as follows: Parcel "A," that certain property consisting- of approximately 0.445 acres. The real property, or interest in real property, is more specifical- ly described in Exhibit "A," which exhibit is attached hereto and incorporated by reference herein. -1- SECTION IV . If, and to the extent that the real property, or interest in real property, is presently appropriated to public use, the City of Anaheim seeks to acquire said real property, or interest in real property, pursuant to Section 1240.610 of the Code of Civil Procedure. SECTION V . In the event that any real property, or interest in real property, as described in Section III, consti- tutes a part only of a larger parcel of property, the City of Anaheim is hereby authorized to acquire by eminent domain Pursuant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SECTION VI. The law firm of Oliver, Stoever & Laskin, Special attorneys ror the City of Anaheim, and 14illiam P. Hopkins, City Attorney, are hereby authorized to prepare and prosecute in the name of the City of Anaheim, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs and actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said attorneys are specifically authorized to take whatever steps and /or procedures are available to them under the Eminent Domain Law of the State of California (Code of Civil Procedure, Sections 1230.010 - 1273.050). THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd dyy of May, 1978. ATTEST: 4CI AYC THE CITY OF ANAHEIM TIES: j -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R -268 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of May, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -268 on the 2nd day of May, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of May, 1978. CITY CLERK OF THE . CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -268 duly passed and adopted by the Anaheim City Council on May 2, 1978. CITY CLERK Xsaadoas Tnau PARCEL "A" (Janaco /Peralta Hills) Easements for sanitary sewer and storm drain purposes over those portions of the land in the City of Anaheim, County of Orange, State of California as described in deed to Peralta Hills Estates Company recorded April 29, 1977 in Book 12170, page 431, Official Records of said Orange County, described as follows: Parcel 1: Commencing at a point in the centerline of Nohl Ranch Road as shown on map filed in Book 92, page 33 of Records of Surveys of said Orange County, said point of commencement being the Northeasterly terminus of the course therein shown as "N 74° 56' 02" E 203.37 ft "; thence Northeasterly along the curve therein which is concave Norhwesterly with a radius of 600.00 feet a distance of 109.46 feet through a central angle of 10 27' 11 "; thence radially North 25° 31' 09" West 30.00 feet to a point in the Northwesterly line of said Nohl Ranch Road, said point being the True Point of Be innin ; thence North 26 31' 31" West 63.00 feet; thence South 7 45" West 27.72 feet; thence North 3° 44; 17" East 70.96 feet to a point hereinafter referred to as Point "A "; thence South 86 15' 43" East 28.00 feet; thence South 28 26' 07" East 116.63 feet to a point in said North- westerly line of Nohl Ranch Road, said point being in a curve concave Northwesterly with a radius of 570.00 feet, a radial to said point bears South 29° 14' 21" East; thence Southwesterly along said curve 37.01 feet through a central angle of 3 43' 12" to the True Point of Beginning. Parcel 2: A strip of land 28.00 feet in width; the Westerly line of said strip being described as follows: Beginning at said 353.76 feet; thence No less, to the Northerly The Easterly line in said Northerly line point. Parcel 3: Point "A "; thence North 3° 44' 17" East rth 8 00' 09" East 144.46 feet, more or line of the land described in said deed. of said strip is lengthened to terminate and is shortened to meet at the angle Commencing at said Point "A "; thence South 86° 15' 43" East 28.00 feet; thence North 3° 44' 77" East 352.77 feet; thence North 08° 00' 09" East 133.64 feet to the True Point of Beginning thence South 81° 59' 51" East 20.00 feet; thence North 08 00; 09" East 18.76 feet, more or less, to the Northerly line of the land described in said deed; thence along said Northerly line South 87° 21' 07" West 20.35 feet to a line which bears North EXHIBIT "A„ Parcel "A ", cont. Page 2 of 2 08 00' 09" East from the True Point of Begin thence South 08° 00' 09" West 15.00 feet, more or less, to t e True Point of Beginning Containing an area of 0.445 acres, more or less.