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1977-007RESOLUTION NO. 77R- 7 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 DRAINAGE PURPOSES. WHEREAS, public convenience and necessity require the acquisition, improvement and maintenance of a public improvement within the City of Anaheim, to wit: a drainage facility to carry flood and run -off waters; and WHEREAS, said drainage facility is located in the Peralta Hills area of the City of Anaheim near and adjacent to Crescent Drive and is approximately 2300 feet in length; and WHEREAS, the City Council does find and determine that public interest and necessity require and Section 37350.5 of the Government Code of the State of California authorizes the acquisition of all that certain real property described in Exhibit "A" on file in the office of the City Clerk, by the City of Anaheim for the improvement and maintenance of a drainage facility to carry flood and run- off waters. 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 described in Exhibit "A" on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that the proposed project described in Exhibit "A" is planned and located in the manner that is compatible with the greatest public good and the least private injury. 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 improvement and maintenance of the aforesaid project, and that the taking of the property described in said Exhibit "A" 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 said property be acquired by the City of Anaheim, and Special Counsel for the City of Anaheim is hereby directed to institute an action in eminent domain for the acquisition of the 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 and to obtaining immediate possession thereof. -1- THE FOREGOING RESOLUTION is approved and signed,�by me this 4th day of January 19 77 7 K 72 /7' ATTEST: CITYr OF THE ITY OF ANAHEIM WPH:jh MA 6V OF CITY F ANAHEIM i 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. 77R -7 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of January, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R -7 on the 4th day of January, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of January, 1977. (SEAL) i4aadoaa real' suozsTATpgng aaauT2ua AgTo I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -7 duly passed and adopted by the Anaheim City Council on January 4, 1977. CITY CLERK 1 Those portions of the land allotted to Josefa Montalva de Serrano as 2 Administratrix of Leandro Serrano, deceased, as described in Final Decree of 3 Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 4 1863 in Book B, page 410 of Judgments of the District Court of the 17th Judicial 5 District in and for Los Angeles County, California; and those portions of Lots 6 10, 11 and 12 of Tract No. 1005 as per map filed in Book 33, page 32 of 7 Miscellaneous Maps in the Office of the County Recorder of Orange County, 8 California, all in the City of Anaheim, County of Orange, State of California, 9 described as follows: 10 PARCEL 1P: 11 A 50.00 foot strip of land lying 25.00 feet on each side of the following 12 described centerline: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" Commencing at a point in the centerline of Nohl Ranch Road, 60 feet wide, as shown on map filed in Book 92, page 33 of Records of Surveys of said Orange County, said point of commencement being the Southwesterly terminus of that certain course shown thereon as "North 49° 56' 00" East 298.09 feet thence North 51° 35' 55" West 886.14 feet to a point in the Southerly line of the land described in deed recorded dune 14, 1974 in Book 11170, page 797, Official Records of said Orange County, said point also being the True Point of Beginning, said point also being the beginning of a tangent curve concave Northeasterly with a radius of 90.00 feet; thence Northwesterly along said curve 45.31 feet through a central angle of 28° 50' 46 thence tangent to said curve North 22° 37' 13" West 112.49 feet to a point hereinafter referred to as Point "A The Southerly line of said 50.00 foot strip is the Southerly line of the land described in said deed. PARCEL 2P: A 20.00 foot strip of land lying 10.0'; feet on each side of the following decribed centerline: December 15, 1976 Page 1 of 4 EXHIBIT "A" Beginning at said Point "A thence North 22° 37' 13" 31.81 feet to a tangent curve concave Easterly with a radius of 90.00 feet; thence Northerly along said curve 28.84 feet through a central angle of 18° 21' 42 thence tangent to said curve North 4° 15' 31" West 76.06 feet to a tangent curve concave Westerly with a radius of 90.00 feet; thence Northerly along said curve 7.29 feet through a central angle of 4° 38' 20 thence tangent to said curve North 8° 53' 51" West 308.99 feet to a tangent curve concave Westerly with a radius of 90.00 feet; thence Northerly along said curve 8.35 feet through a central angle of 5 18' 49 thence tangent to said curve North 14 12' 40" West 143.46 feet to a tangent curve concave Easterly with a radius of 90.00 feet; thence Northerly along said curve 22.32 feet through a central angle of 14° 12' 40 thence tangent to said curve North 106.67 feet to a tangent curve concave Easterly with a radius of 90.00 feet; thence Northerly along said curve 26.04 feet through a central angle of 16° 34' 45 thence tangent to said curve North 16° 34' 45" East 92.21 feet to the Westerly line of the land shown on map filed in Book 82, pages 33 and 34 of Parcel Maps of said Orange County. The sidelines of said Parcel 2P are lengthened or shortened to terminate Northerly in the Westerly line of the land shown on said Parcel Map. PARCEL 3P: Those portions of Parcels 1, 2 and 4 of said map filed in Book 82, pages 33 and 34 of Parcel Maps of Orange County sho.m thereon as "easement for drainage purposes dedicated to the City of tAr;,lheim." PARCEL 4P: Beginning at the Northeasterly corker of Parcel 4 as shown on said map filed in Book 82, pages 33 and 34 of Parcel Maps of Orange County; thence along the Southeasterly line of Crescent Drive, 40 feet wide, as shown on said man of Tract Na. 1005 North 70° 11' 16" East (shown as North 69° 13' 20" East on said Tract map) 333.48 feet, Northeasterly 135.75 feet December 15, 1976 Page 2 of 4 1 along a curve concave Southeasterly with a radius of 800.00 feet through a 2 central angle of 9° 43' 20" and North 79° 54' 36" East 254.12 feet to the 3 Northeast corner of said Lot 12; thence along the Easterly line thereof 4 South 12° 09' 36" West (shown as South 11° 11' 40" West on said Tract map) 5 34.57 feet to the Southeasterly line of the Northwesterly 32.00 feet of said 6 Lot 12; thence along said Southeasterly line South 79° 54' 36" West 16.82 7 feet; thence North 10° 05' 24" West 20.00 feet to the Southeasterly line of 8 the Northwesterly 12.00 feet of said Lot 12; thence along said Southeasterly 9 line South 79° 54' 36" West 224.21 feet, Southwesterly 133.71 feet along a 10 curve concave Southeasterly with a radius of 788.00 feet through a central 11 angle of 9° 43' 20 thence radially from said curve North 19° 48' 44" West 5.00 12 feet; thence South 70° 11' 16" West 334.98 feet to the Westerly line of said 13 Lot 12; thence North 7° 42' 04" West 7.16 feet to the point of beginning. 14 PARCEL 5T: 15 That portion of said Lot 10 lying within a 10.00 foot strip of land, 16 the Easterly line of said 10.00 foot strip being the Westerly line of said 17 Parcel 1P. 18 PARCEL 6T: t. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" That portion of said Lots 10 and 11 lying within a 25.00 foot strip of land, the Easterly line of said 25.00 feet strip being the Westerly line of said Parcels 2P and 3P. The Northerly terminus of said 25.00 foot strip is the Southerly line of said Crescent Drive. PARCEL 7T: That portion of said Lot 10 lying Westerly of the Easterly lines of said Parcels 1P and 2P. PARCEL 8T: That portion of said Lot 11 lying Westerly of line which is parallel with December 15, 1976 Page 3 of 4._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 25 26 27 28 29 30 31 32 EXHIBIT "A" and 25.00 feet Easterly of the Easterly lines of said Parcels 2P and 3P. Excepting therefrom that portion lying within Parcels 1 and 4 of said Parcel Map. PARCEL 9T: A strip of land 35.00 feet wide in Parcels 1 and 4 of said Parcel flap, the Northwesterly and Northerly lines of which are described as follows: Beginning at a point in the Southerly line of said Parcel 1 distant North 87 56' 31" East 1.83 feet from the Southwest corner thereof; thence North 15° 38' 06" East 3.91 feet to a tangent curve concave Westerly with a radius of 90.00 feet; thence Northerly along said curve 68.79 feet through a central angle of 43° 47' 29 thence tangent to said curve North 28° 09' 23" West 18.01 feet to a tanje t curve concave Southeasterly with a radius of 90.00 feet; thence Northeaasterly along said curve 115.10 feet through a central angle of 73 16' 40"; thence tangent to said curve North 45° 07' 17" East 65.30 feet to a t rgent curve concave Southerly with 16 a radius of 280.00 feet; thence Northeasterly along said curve 117.82 feet 17 through a central angle of 24° 07' 20 thence tangent to said curve 18 :orth 69° 14' 37" East 218.18 t-eet to the Northerly prolongation of the 19 Easterly line of said Parcel 4. 20 Excepting therefrom that portion described in said Parcel 3P. 21 PARCEL 10T: 22 The Northerly 37.00 feet of that portion of said Lot 12 shown on nap 23 filed in Book 56, page 28 of Records of Surveys of said Orange County. 24 Excepting therefrom that portion dew_ribed herein as Parcel 4P. December 15, 1976 Page 4 of 4