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1973-253 HESOLUTION NO. 73R _-ill.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT FOR PUBLIC STREET UNDEP~ASS PURPOSES IN CONNECTION WITH THE CONSTRUCTION k\!D MAINTENAL'\J'CE OF THE DOUGLASS STREET UNDERPASS. \iHEREAS, it has become necessary to acquire an ease- ment for public street underpass purposes upon, under and across certain land in the City of Anaheim owned by The Atchison, Topeka and Santa Fe Railway Company; and ~'lHEREAS, The Atchison, Topeka and Santa Fe Rail\vay Company has furnished to the City of Anaheim a fully executed easement dated August 15, 1972, donating a total area of approxi- mately 0.232 of an acre of land to the City for public street underpass purposes; and WHEREAS, said easement includes that certain parcel of land in the City of p~aheim, County of Orange, State of California, and more fully described as follows, to wit; An easement for public street underpass purposes upon, under and across that certain strip of land 100 feet in width by approximately 101 feet in average length in Lots 7 and 8 of the Travis Tract in the City of ill1aheim, County of Orange, State of California, as said Lots of said Tract are shown on map recorded in Book 5, page 120, J>1iscellaneous Records"' of Los Angeles County, being that portion of The Atchison, Topeka and Santa Fe Railway Company's 100 foot wide right of way in Rancho Santiago de Santa Ana as said Rancho is shown on Map recorded March 7, 1883, in Book 5, page 120, Miscellaneous Records of said Los Angeles County, lying between lines that are parallel with and distant 50 feet measured at right angles from and on each side of the following described center line; .~ Commencing at the intersection of the center line of Douglass Street, 40 feet wide, with the center line of Katella Avenue, 60 feet wide, (formerly Struck Avenue) as said intersection is shown on map filed in Book 9, page 48 of Record of Surveys in the office of the County Recorder of said Orange County; thence South 60 27' 58 H vJest (bearing assumed for the purpose of this description) along said center line of Douglass Street and its southerly prolongation, 528.76 feet; thence southerly and southwesterly along the arc of a curve tangent to the preceding course, concave north- westerly and having a radius of 300 feet, through a central angle 210 14' 05'., a distance of 111.18 feet; thence South 270 42' 03" West 601.97 feet to a point in the northeasterly line of said Railway Company's right of way, said point being the TRUE POINT OF BEGIN- NING of the center line herein described; thence con- tinuing South 270 42' 0311 vJest, 100.91 feet to the point of ending in the southwesterly line of said right of way. The side lines of said strip of land are to originate in said northeasterly right Of-way line and are to terminate in said southwesterly right of way line. -1- Said strip of land contains an area of 0.232 of an acre, more or less. .- EXCEPTING AND RESERVING the right to be exercised by Santa Fe and by any others who have obtained or may obtain permission or authority from Santa Fe so to do, (a) to operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipes and other facilities of like character upon, over or under the surface of the hereinabove described prem- ises; and (b) from time to time to construct, operate, maintain, renew and/or relocate upon said premises additional facilities of the character described in Clause (a) of this paragraph, without in any instance being required to obtain the consent of the City the same as if this easement had not been executed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it accept, and it does hereby accept, that certain Deed of Easement from The Atchison, Topeka and Santa Fe Railway Company covering the easement hereinbefore des- cribed. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute acceptance of said easement, and that a certified copy of this resolution be forwarded to The Atchison, Topeka and Santa Fe Railway Company. BE IT FURTHER RESOLVED that the City Clerk be, and she is herebv authorized and directed to cause said easement to be recorded in the Office of the County Recorder of the County of Orange. THE FOREGOING P~SOLUTION is approved and signed by me this 26th day of June, 1973. <-to THE CIT ~ CITY OF fu~AHEIM Y.*"- JHD : j h -2- -. - ..-." STATE OF CALIFOlli~IA COUNTY OF OIDll~GE SSe CITY OF ANAHEIH I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-253 was passed and adopted at a regular meeting of the City Council held on the 26th day of June , 19 -1l, by the following vote of the members thereof: - AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None &~D I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26t~ day of .Tnnp , 19--1.l-.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of June , 19 73 . -- - ~L~ O:Q~F ANAHEI!1 (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-253 duly passed and adopted by the Anaheim City Council on June 29, 1973. ~~~ );r,1J~ CITY CLERK OF THE CITY OF ANAHEIM -