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1961-6990RESOLUTION NO. 6990 A RESOLUTION OF THE CITY GJUNCIL OF THE CITY OF ANAHEIM AUTHORIZING. THE EXCHANGE OF CERTAIN PROPERTY OWNED BY THE CITY OF ANAHEIM FOR CERTAIN PROPERTY OWNED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT. R/W WHEREAS, the Orange County Flood Control District is desirous of obtaining a perpetual easement for flood con- trol purposes in, over and across certain real property owned by the City of Anaheim for the construction and maintenance of a flood control channel in the City of Anaheim; and WHEREAS, the Orange County Flood Control District is the owner of certain parcels of property in the City of Anaheim which the City of Anaheim is desirous of obtaining for public purposes; and WHEREAS, the City Council of the City of Anaheim does find and determine that it is necessary and desirable to acquire those certain parcels of property owned by the Orange County Flood Control District as more particularly hereinafter set forth; and WHEREAS, the City of Anaheim is interested in seeing the completion of fl ood control facilities in Orange County and more particularly in the City of Anaheim; and WHEREAS, the City Council of the City of Anaheim does find and determine that a conveyance of an easement for flood control purposes in, over and across those cer- tain properties of the City of Anaheim hereinafter set forth in exchange for the conveyance to the City of Anaheim by the Orange County Flood Control District would be in the best interests of the City of Anaheim and the citizens thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a.perpetual easement and right of way for flood control purposes in, over and across the following described real property owned by the City of Anaheim, to wit: Parcel No. 1021.12: A strip of land 80.00 feet wide in Lot 2 of the lands of F. W. Fleischmann, in the city of Anaheim, county of Orange, state of California, as shown on a map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, said strip lying northwesterly )11.50 feet and southeasterly 35.50 feet from the following described line: Beginning at a point on the centerline of Loara Street distant N. 0 33 10" W., 509.65 feet from the inter- section of said centerline with the centerline of West North Street as said intersection is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of said County Surveyor on December 12, 1957; thence N. 54° 18' 12" E., 1176.)OI feet to the beginning of a tangent curve, concave northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet along said curve through a central angle of 17 27' 39"; thence tangent to said curve N. 36° 50t 33" E., 472.16 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 800.00 feet; thence northeasterly 500.58 feet along said curve through a central angle of 35° 51t 04"; thence tangent to said curve N. 72° 41' 37" E., 815.21 feet to a point on the centerline of La Palma Avenue dis- tant thereon N. 89° 35' 40 E., 1002.15 feet from the intersection of said centerline with the centerline of North West Street (south) as said intersection is shown in County Surveyor's Transit Book 136, Page 48 on file in the office of said County Surveyor on December 12, 1957. EXCEPT that portion lying easterly of the southerly prolongation of the easterly line of Lot 16 of Tract No. 2373 per map recorded in Book 68, Pages 17 and 18 of Miscellaneous Maps in the office of said County Recorder. Parcel No. 1020.51: A strip of land 71.00 feet wide in Lot 4 of the lands of F. W. Fleischmann, in the city of Anaheim, county of Orange, state of California, as said lands are shown on a map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said Orange County, said strip lying northwesterly 42.00 feet and southeasterly 29.00 feet from the following described line: Beginning at a point on the centerline of Loara Street, distant thereon N. 0° 33t 10" W., 509.65 feet from the intersection of said centerline with the centerline of West North Street as said intersection is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of the County Surveyor of said Orange County on December 12, 1957; thence N. 54° 181 12" E., 1176.44 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet alone said curve through a central angle of 17° 271 39 thence tangent to said curve N. 36° 501 33 E., 472.16 feet to the beginning of a tangent curve, concave southeast- erly and having a radius of 800.00 feet; thence north- easterly 500.58 feet along said curve, through a central angle of 35° 51 04 thence tangent to said curve N. 72° 41' 37" E., 815.21 feet to a point on the center- line of La Palma Avenue, distant thereon N. 89 35' 4 E., 1002.15 feet from the intersection of said center- line with the centerline of North West Street (south), as said intersection is shown in County Surveyorts Transit Book 136, Page 48 on file in the office of said County Surveyor on December 12, 1957. Parcel No. 1020.61: A strip of land 70.00 feet wide in Lot 4 of the lands of F. W. Fleischmann, in the City of Anaheim, county of Orange, state of California, as said lands are -2- shown on a map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said Orange County, the northwesterly line of said 70.00 foot wide strip being parallel and concentric with and southeasterly 29.00 feet from the following described line: Beginning at a point on the centerline of Loara Street, distant thereon N. 0° 33 10" W., 509.65 feet from the intersection of said centerline with the centerline of West North Street as said intersection is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of the County Surveyor of said Orange County on December 12, 1957; thence N. 54° 181 12" E., 1176.44 feet to the beginning of a tangent curve,,con- cave,northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet along said curve through a central angle of 17 27 39"; thence tangent to said curve N. 36° 501 33" E., 472.16 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 800.00 feet; thence northeasterly 500.58 feet along said curve, through a central angle of 35° 51 04 thence tangent to said curve N. 72° 4 37" E., 815.21 feet to a point on the centerline of La Palma Avenue, distant thereon N. 89 351 40" E., 1002.15 feet from the intersection of said centerline with the centerline of North West Street (south), as said intersection is shown in County Surveyor's Transit Book 136, Page 48 on file in the office of said County Surveyor on December 12, 1957. EXCEPT that portion thereof lying easterly of the north- erly prolongation of the westerly line of Tract No. 1460, per map recorded in Book 46, Pages 2 and 3 of Miscel- laneous Maps, in the office of said County Recorder. Parcel No. 1029.12: A strip of land 80.00 feet wide in Lot 39 of Anaheim Extension, in the city of Anaheim, county of Orange, state of California, as shown on a map thereof made by Wm. Hamel and filed for record in the office of the County Recorder of Los Angeles County, California, said strip lying northwesterly 44.50 feet and southeasterly 35.50 feet from the following described line: Beginning at a point on the centerline of Loara Street, distant thereon N. 0° 33 10" W., 509.65 feet from the intersection of said centerline with the centerline of West North Street as said intersection is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of the County Surveyor of said Orange County on December 12,1957; thence N. 54 181 12" E., 1176.44 feet to the beginning of a tangent curve, con- cave northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet along said curve through a central angle of 17 27 39"; thence tangent to said curve N. 36° 501 33" E., 472.1 feet to the beginning of a tangent curve,.concave southeasterly and having a radius of 800.00 feet; thence northeasterly 500.58 feet along said curve, through a central angle of 35° 511 04 thence tangent to said curve N. 72° 411 37 E., -3- 815.21 feet to a point on the centerline of La Palma Avenue, distant thereon N. 89 35t 40" E., 1002.15 feet from the intersection of said centerline with the centerline of North West Street (south), as said intersection is shown in County Surveyor's Transit Book 136, Page 14..8 on file in the office of said County Surveyor on December 12, 1957. EXCEPT that portion thereof included within the easterly 250.00 feet of said Lot 39 (the westerly line of said easterly 250.00 feet being parallel with the westerly line of Citron Street). ALSO EXCEPT that portion thereof described in the deed to the Anaheim Boy's Center, Inc., recorded May 20, 1957, in Book 3913, Page 415 of Official Records, in the office of the County Recorder of said Orange County; be conveyed to the Orange County Flood Control District free and clear of all liens, encumbrances, assessments, easements, leases (recorded or unrecorded) and taxes, except: (a) Schedule «B" of C. L. T. A. Report. (b) Effect of community pumping plant agreement and pipeline easements, as set forth in deed recorded in Book 77, Page 34 and Book 77, Page 72 of Of- ficial Records. (c) Public utility easement recorded in Book 2142, Page 5 of Official Records. (d) The effect of an oil lease recorded in Book 3639, Page 222 and in Book 3652, Page 447 of Official Records. (e) An easement for drainage purposes as recorded in Book 1286, Page 77 of Official Records. (f) Superior Court Case No. 81722, as recorded in Book 4683,P age 1 of Official Records. (g) Stearns Ranchos reservations as recorded in Book 91, Page 11.6 of Deeds. (h) Road easement over southwesterly 33 feet of Parcel No. 1029.12 and north West Street. (i) Easement to Pacific Telephone and Telegraph Company as recorded in Book 3065, Page 25 of Official Records; in exchange for a conveyance to the City of Anaheim of all rights, title and interest of the Orange County Flood Control District to the following described property: 1111221_111-2 That portion of the southwest quarter of the northwest quarter of Section 8, Township 4 South, Range 10 West, -4- in the Rancho San Juan Cajon de Santa Ana, city of Anaheim, state of California, per map recorded in Book 51, Page 10 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the northwest corner of the land described in the deed to the Orange County Flood Control District, recorded June 24, 1959, in Book 4772, page 191 of Of- ficial Records, in the office of said County Recorder; thence S. 0° 35' 50" E., 35.00 feet along the west line of said land; thence N. 89 57' i0" E., 54.74 feet parallel with the north line of said land to a line parallel with and northwesterly 70.00 feet from the southeasterly line of said land; thence N. 71° 01 05 E., 107.86 feet along said parallel line to the north, line of said land; thence S. 89 57' 10" W., 157.10 feet along said north line to the point.of beginning. Parcel No. 1018.4: The northwesterly 8.00 feet of that portion of Lot 3 of the lands of F. W. Fleischmann, in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, as described in the deed to the Orange County Flood Control District recorded October 5, 1959, in Book 4913, Page 216 of Official Records, in the office of, said County Recorder. Parcel No. 1019.4: The northwesterly 13.00 feet of that portion of Lot 3 of the lands of F. W. Fleischmann, in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, described as "Parcel No. B1- 1019.3," in the Final Order of Condemnation recorded March 17, 1960, in Book 5151, Page 254 of Official Records, in the office of said County Recorder. Parcel No. 1022.2: The east 102.40 feet of that portion of Section 9, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, in the city of Anaheim, county of Orange, state of California, as per map recorded in Book 51, Page 10 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at a point in the north line of said section, 303. feet west of the intersection of West Street with said north line as said street is shown on a map of a portion of said section made for F. W. Fleischmann and filed in Book 1, Page 56 of Record of Surveys in the office of the County Recorder of said Orange County; thence west 445. feet along the north line of said section; thence south 978.5 feet, more or less, par- allel with the east line of the west half of the northwest quarter of Section 9 to a point in the north line of Lot 4, as shown on said Fleischmann map; thence east )05.17 feet along the north line of said Lot 4 to a point 562.59 feet west measured along said north line of said Lot 4 and its pro- longation from the center line of said West Street; thence north 978.50 feet, more or less, to the point of beginning. EXCEPT that portion thereof lying northwesterly of a line that is parallel and concentric with and southeasterly 35.50 feet from the following described line: Beginning at a point on the center line of Loara Street, distant thereon N. 0° 33 10 W., 509.65 feet from the intersection of said center line with the center line of West North Street as said inter- section is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of the County Surveyor of said Orange County on December 12, 1957; thence N. 54° 18' 12" E., 1176.44 feet to the be- ginning of a tangent.curve, concave northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet along said curve through a central angle of 17° 27' 39 thence tangent to said curve N. 36 50 33" E., 47 feet to the beginning of a tangent curve,,concave southeasterly and having a radius of 800.00 feet; thence northeasterly 500.58 feet along said curve, through a central angle of 35° 51' 04"; thence tangent to said curve N. 72° 41' 37" E., 815.21 feet to a point on the centerline of La Palma Avenue, distant thereon N. 89° 35' 40" E., 1002.15 feet from the intersection of said centerline with the center line of North West Street (south), as said intersection is shown in County Surveyor's Transit Book 136, Page 48 on file in the office of said County Surveyor on December 12, 1957. Parcel No. 1024.2: That portion of Lot 3 of the lands of F. W. Fleischmann, in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, as described in the deed to the Orange County Flood Control District recorded September 2, 1960, in Book 5401, Page 414 of Official Records, in the office of said County Recorder. EXCEPT the southeasterly 77.50 feet thereof; in accordance with the terms of the agreement this day sub- mitted to the City of Anaheim by the Orange County Flood Control District which is attached hereto, and said agreement is hereby approved; and the Mayor and City Clerk be, and they are hereby authorized to execute said agreement and an Ease- ment Deed conveying the aforementioned easement to the Orange County Flood Control District, for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of June, 1961. ATTE T: I ci 'trik THE CETY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY.OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 20th day of June, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, CoOns, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 20th day of June, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of June, 1961. MAYOR OF T2IE CITY OF ANAHEIM CLER C F THE C Y OF ANAHEIM .c;c:1\ VVi4 Cita Off 4WAHWEN DWAgxwmnkt ID detad doellsaete4 ua Orawse coumf Nimgv, .1032D-) L 2 4*1.1:WMT404 WatT j, of 01 tki conei4trettim of yttich, aiad the ii W". foTth, j D111.1 17 ec,5 L ?ertAea have bg-x aet tha Walt, .4.f4A P12-774*Tiotnce cf thi R.RTTPWPT.; ;0oheOuit "5' of RWRi7 VF CVOTIACT 7 11,0- 7 1,J2, trad 1C29β€ž12 texl, TL;NILTA, k7 T af ^:^n &c: CZT 71* .r O. vL 2 1(07105n., W21.,kt, ,5)475 of thfzt.o to Cr CjifftMe c45 (NITZTIAC.:: of oons4.4erettee forc 4acleomnt en4, ,i1 reike ric6o4 1, DILLT ell further oligatton o occount, or orih *cceunt of the locatin, grede P77 the pro pi.Uc iiwz'o Dtatrct %hall Qftr,'y 4,11 ita Tit to reveal Au4, 903-1, 1218,4, 1V13,4, 1022,2 arei4 1:024,2 e.β€ž:9 41 hersimefteT, to the City of it\mheil tthirul eitzV," Gftrer 1ioone, me?mbrireacea, &eaea-54wrnta, btroc'rT:ie Cr. 4arlocordeed ap,d taxee, except: lUfk of commounity pumv.intz p14nt ogra.Ifiran 4I7Pr5. Ftrp-- 110 4taqt.Weenta,.. $1,'$ ett foT0.1 in 4etO recolf,4:4e: tG-1ATβ€ž 77, e*ge 34 And f',41.4orA af, PuhZic uti lty tae ref in Dook 5 Gt Officigit itez An maeemehtfoT drainakka parootwe tn 1286, Pege 77 of Official $upertouuTt C;aa*: No 817i2 46$3, Pa%e I Qf Ottiotx! atcol:dig, 4stearaa Kerachoa re6te Te,9,,ge 146 of Deeelz.β€ž The offtc of an ctl zeco.117-6a tin Figg,f3 221 APJ. in iriok Yo Pcst *47 cf eficiak (h Road sasemen,. over southme:terly 33 feet Parcel No, 1029,12 avd north West Street. (k) Easement to Pacific Telephone and Telegraph ComFany as recorded in Book 3065, Page 254 of Official Recorda. Parcel 803I That portion of the southmest quarter of the northwest quarter of Section 8, Township 4 $omth, Range 10 Vest, in the Rancho San Juan Caian dr Santa Ina, city of Anaheim, state of Califoznis, per map recorded in Book 51, Page 10 of Miscel- laneous Maps, in the office of the County Recorder of said county, described as follows: ginning at the northwest corner of the land descr bed in the deed to the Orange County Flood Control District, recorded June 24, 1959, in Book 4772, Page 191 of Official Records, in the office of said County Recorder; thence S. 0 35' 50" R., 33,00 feet alon the west line of said land; thence N. 89* 5/ 10" E,, 54.74 feet parallel with the north line of said land to a line parallel with and northwesterly 70.00 feet frou the south- easterly line of said land; thence N. 71* 01' 05" E,, 107.86 feet along said parallel line to the north line of said land; thence S. 89* 57' 10" W,, 157,10 feet along said north line to the point of beginning, pArcel Tht northwesterly 8,00 feet of that portion of Lot, 3 of thq lands of P. W. Fleischmann. in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, as described in the deed to the Orange County Flood Control District recorded Otober 5, 1959, in Book 4913, Page 216 of Official Records, tn the office of said County Recorder. Prcej o. 10/9,4; The northwesterly 13.00 feet of that pov:ion of Lot 3 of the lands of F. 4, Fleischmann, in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, described as "Parcel No. R1-1019,3", in the Irina/ Order of Condemn tion recorded March 17, 1960, iu Book 5151, Page 254 of Official Records, in the office of said County Recorder. Parc I No 1022, The east 102.40 feet of that port of Section 9, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, in the city of Anaheim, county of Orange, state of Calif .1 per vwp recorded in took 51, Page 10 cf M43cellaneous Maps, in the office cf the County Recordr of said. colanty, described as follows: EXCEPT the southeasterly 77.50 feet thereof. 12,2 (Continued) Beginning at a point in the north line of said section, 303.29 feet west of the intersection of Vest Street with said north line as said street is shun on a leap of a portion of said section made for P. W. Flsischmenn and filed in Book 1, Page 56 of Record of Surveys in the office of the County Recorder of said Orange County; thence west 445.17 feet along the north line of said section; thence south 978.50 feet, more or less, parallel with the east line of the west half of the northwest quarter of Section 9 to point in the north line of Lot 4, as shown on said Fleischreann map; thence east 445.17 feet along the north line of said Lot 4 to a point 562.59 feet west measured along said north line of said Lot 4 and its prolongation from the center line of said hest Street; thence north 978.50 feet, more or less, to the point of beginning. EXCEPT that portion thereof lying northwesterly of a line that is parallel and concentric with and southeasterly 35.50 feet from the following described line: Beginning at a point on the center line of Loera Street, distant thereon N. 0' 33' 10" W., 509.65 feet from the intersection of said center line with the center line of West North Street as said intersection is shown in County Surveyor's Transit Book 116, Page 37 on file in the office of the County Surveyor of said Orange County on December 12, 1957; thence N. 54' 18 12" E., 1176.44 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 1000.00 feet; thence northeasterly 304.75 feet along said curve through a central angle of 17' 27' 39 thence tangent to said curve N. 36' 50' 33" K., 472.16 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 800.00 feet; thence northeasterly 500.58 feet along said curve, through a central angle of 35' 51' 04 thence tangent to said curve N. 72' 41' 37" E., 815.21 feet to a point on the center line of La Palma Avenue, distant thereon N. 89' 35' 40" E., 1002.15 feet from the intersection of said center line with the center line of North West Street (south), as said intersection is shown in County Surveyors Transit Book 136, Page 48 on file in the office of said County Surveyor on December 12, 1957. are 1 W 1024.2: That portion of Lot 3 of the lands of F. W. Fleischaann, in the city of Anaheim, county of Orange, state of California, per map filed in Book 1, Page 56 of Record of Surveys, in the office of the County Recorder of said county, as described in the deed to the Orange County Flood Control District recorded September 2, 1960, in Book 5401, Page 414 of Official. Records, in the office of said County Recorder. 3. It to understood that the District witi jUR no *ay be 010 to pay escrow GT title tnourance fees incurred in connection with its conveyance to the gicantor as referred to In Paragraph 2 above. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. By APPROVED AS TIN FORM STEPHEN K. TAMURA 'Gomm COUNSEL APPROVED AS TO ENGINEERING H. G. °WANE FLOOD CONTROL ENGINEER By By By By RECOMMENDED FOR APPROVAL Right of Way enL ChLef Jght ofIT ATTEST: L. B. WALLACE, County Clerk of the County of Orange and By ex-officio Clerk of the Board Ch of Supervisors of the OrarTe County Flood Control Ntict 1TETIF117 (NO OBLIGATIONS OTHER THAN TOOSE SET FORTH HEREIN WILL 5E RECOGNIZED.) Grantors ORANGE COUNTY FLOOD CONTROL IIISTRIGT irman, tear, erviscrs