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1962-0592RESOLUTION NO. 62R 592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM SOUTHERN PACIFIC COMPANY, NORTHWESTERN PACIFIC RAILROAD COMPANY, and PACIFIC ELECTRIC RAILWAY COMPANY OF THE RIGHT TO CONSTRUCT, REOONSTRUCT, MAIN- TAIN AND USE A STREET OR HIGHWAY UPON AND ACROSS CERTAIN PROPERTY OF THE GRANTORS, AND AUTHORIZING THE EXECUTION OF AN INDENTURE COVERING THE CONSTRUCTION, USE AND MAINTENANCE OF SAID STREET OR HIGHWAY. WHEREAS, the Southern Pacific Company, a corporation of the State of Delaware, Northwestern Pacific Railroad Com- pany, a corporation of the State of California, and Pacific Electric Railway Company, a corporation of the State of Calif- ornia, have tendered to the City of Anaheim an Indenture granting to the City of Anaheim the right to construct, re- construct, maintain and use a street or highway, upon and across the following described real property, subject to the reservations, covenants, and conditions therein contained: All those certain pieces or parcels of land situate in Section 23, Township 4 South, Range 10 West, San Bernardino Base and Meridian, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1 (Southern Pacific Company) The northerly 25.00 feet of the southerly 45.00 feet of the 2.12 acre parcel of land described in deed to Southern Pacific Company, recorded in Book 50 of Deeds, page 197, Orange County Records. PARCEL 2 (Southern Pacific Company) The southerly 25.00 feet of the northerly 45.00 feet of the northwest quarter of the northeast quarter of the southwest quarter of said Section 23. PARCEL_, (Northwestern Pacific Railroad Company) The southerly 25.00 feet of the northerly 45.00 feet of the land described as Parcel 2 in deed to North- western Pacific Railroad Company, recorded in Book 3427, page 311 of Official Records of Orange County, excepting the easterly 535 feet thereof. PARCEL 4 (Southern Pacific Company) The northerly 25.00 feet of the southerly 45.00 feet of land described as Parcel 1 in deed to the Southern Pacific Company, recorded in Book 3407, page 478 of Official Records of Orange County. PARCEL 5 (Pacific Electric Railway Company) The westerly 101 feet of the northerly 25.00 feet of the southerly 45.00 feet of the south half of the southeast quarter of the northeast quarter of said Section 23. -1- Attorney R/W Engr PARCEL 6 (Southern Pacific Company) The northerly 25.00 feet of the southerly 45.00 feet of the land described as Parcel 2 in deed to Southern Pacific Company, recorded in Book 3420, page 462 of Official Records of Orange County. PARCEL 7 (Pacific Electric Railway Company) The northerly 25.00 feet of the southerly 45.00 feet of the south half of the southeast quarter of the northeast quarter of said Section 23, excepting the easterly 325 feet thereof and the westerly 110 feet thereof. PARCELS 8 and 9 (Southern Pacific Company) The southerly 25.00 feet of the northerly 45.00 feet of that certain real property described in deed dated January 10, 1956, from Title Insurance and Trust Company to Southern Pacific Company recorded February 23, 1956, in Book 3407, Page 476 of Official Records in the Office of the Recorder of said County, excepting therefrom that portion thereof lying within that parcel of land described as Parcel 2 in deed dated June 20, 1961, from Southern Pacific Company to Ted R. Cooper, and Lois N. Cooper, recorded July 26, 1961, in Book 5795, Page 380 of Deeds in the Office of the Recorder of said County. PARCEL 10 (Pacific Electric Railway Company) That portion of South 25 feet of the North 45 feet of that certain real property described in deed to Pacific Railway Company recorded on January 17, 1956, in Book 3357, page 280 of Official Records, in the office of the Recorder of the County of Orange, lying westerly of a line parallel with and distant easterly 112.5 feet, measured at right angles, from the westerly boundary of said real property. PARCEL 11 (Pacific Electric Railway Company) That portion of the South 25 feet of the North 45 feet of that certain real property described in deed to Pacific Electric Railway Company recorded on January 17, 1956 in Book 3357, page 280 of Official Records, in the office of the Recorder of the County of Orange, lying easterly of a line parallel with and distant easterly 312.5 feet, measured at right angles, from the westerly boundary of said real property. Except therefrom all that portion thereof lying southeasterly of the northerly line of a strip of land 270 feet in width, said strip lying contiguous to and northerly of the northerly line of Southern Pacific Companyts right of way (Tustin Branch) as said right of way is described first in deed dated May 28, 1889 from Pacific Improvement Company to Southern Pacific Railroad Company, recorded on June 27, 1889 in Book 570, page 288, of Deeds, in the office of the Recorder of the County of Los Angeles. -�2•- PARCEL 12 (Pacific Electric Railway Company) That portion of the East 25 feet of the West 45 feet of the northwest quarter of the southeast quarter of said Section 23 lying southerly of the southerly line of the Tustin Branch of the Southern Pacific Railroad Company, described in deed recorded June 28, 1888 in Book 461, page 21 of Deeds, in the office of the Recorder of Los Angeles County. PARCEL 13 (Pacific Electric Railway Company) The East 30 feet of the West 45 feet of the south- west quarter of the southeast quarter of said Section 23, except therefrom the southerly 30 feet thereof. T PARCEL 14 (Pacific Electric Railway Company) The West 30 feet of the East 45 feet of the south east quarter of the southwest quarter of said Section 23, except therefrom the southerly 30 feet thereof. AND WHEREAS, the City Council finds that the above- mentioned Indenture, this day submitted to the City Council by Southern Pacific Company, Northwestern Pacific Railroad Company, and Pacific Electric Railway Company, would be for the benefit and best interest of the City of Anaheim and should be approved and accepted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the street or highway Indenture, above mentioned, tendered to the City by Southern Pacific Company, a corporation of the State of Delaware, Northwestern Pacific Railroad Company, a corporation of the State of Cal- ifornia, and Pacific Electric Railway Company, a corporation of the State of California, granting to the City, but sub- ject to the reservations, covenants, and conditions therein contained, the right to construct, reconstruct, maintain and use a street or highway upon and across the real property hereinabove mentioned and described be, and the same is hereby, approved and accepted. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to execute said Indenture for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is .proved and signed by me this 26th day of June, 1962 OR OFTH" CI OF ANAHEIM STATE OF- CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM— I, DENE M. WILLIAMS, City Clerk of•the City of Anaheim, do hereby certify theft the foregoing Resolution No. 62R -592 was introduced and adopted at a regular meeting provided bylaw, of the City Council of the City of Anaheim, held on the 26th day of June, 1962, by the following vote of the members thereof: ABSENT: COUNCILMEN: None. AMID I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of June, 1962. IN WITNESS WHEREOF, I. have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of June; 1962. (SEAL) -AYES: COUNCILMEN: DUtton, Schutte, Chandler, Krein P and Coons. NOES: COUNCILMEN: None. CIT CLERK OF THE CITY OF ANAHEIM