1979-147RESOLUTION NO 79R -147
A RESOLUTION? OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY. (MC NAMES)
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 sewage disposal and drainage purposes
together with related incidental uses, including, but without
limitation, the right to enter upon said premises for the pur-
poses of constructing, reconstructing, maintaining and repairing
said sewage and drainage facilities. 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
and 37351 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 and located in the
manner that will be most compatible with the greatest
public good and the least private injury.
3. 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
authorized and empowered to acquire by condemnation in the name
of the City of Anaheim to be used for a right of way for sewage
disposal and drainage purposes together with related incidental
uses, including, but without limitation, the right to enter upon
said premises for the purposes of constructing, reconstructing,
maintaining and repairing said sewage and drainage facilities, to
be used in accordance with applicable laws of the State of
California and the Charter of the City of Anaheim, the real prop-
erty as described in Exhibit "A" attached hereto.
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SECTION IV. If, and to the extent that the real prop-
erty, or interest in real property, is presently appropriated to
public use, the City of Anaheim seeks to acauire said real prop-
erty, 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 narcel of property, the City of
Anaheim is hereby authorized to acquire by eminent domain pur-
suant 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 for the City of Anaheim, and William P. Hopkins,
City Attorney, are hereby authorized to prepare and prosecute in
the name of the City of Anaheim, such proceeding or proceedin's
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 acauire 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 13th day of March, 1979.
ATTEST:
C TY LERK OF T E CITY OF ANAHEIM
MES fm
AYOR OF THE e Y OF ANAHEIM
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. 79R -147 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of March, 1979, 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. 79R -147 on the 13th day of March, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of March, 1979.
(SEAL)
CITY C RK OF THE CI OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 79R -147 duly passed and adopted
by the Anaheim City Council on March 13, 1979.
Parcel 2138 -1
Aii easement for the installation and maintenance of a sanitary sewer
over, under and across a portion of the Northwest quarter of Section 6,
Township 4 South, Range 8 West, in the land alloted to Tinidad Peralta
Marquez in Decree of Partition of the Rancho Santiago de Santa Ana,
as recorded in Book "B" of Judgements in the 17th Judicial District Court
of Los Angeles County, described as follows:
Beginning at the southwest corner of that certain 12.745 -acre parcel
of land shown on a map filed in Book 22, page 11, Record of Surveys,
recorded in the Office of the County Recorder of said Orange County;
thence N 1 06' 03" E, 17.00 feet; thence S 40° 54' 52" E, 112.23 feet;
thence S 46° 34' 20" W, 7.00 feet; thence N 43 25' 40" W, 100.00 feet
to the point of beginning consisting of 988.52 sq. ft.
Parcel 2138 -1A
A temporary construction easement over, under and across a portion, of
the Northwest quarter of Section 6, Township 4 South, Range 8 West, in
the land alloted to Tinidad Peralta Marquez in Decree of Partition of
the Rancho Santiago de Santa Ana, as recorded in Book "B" of Judgement:
in the 17th Judicial District Court of Los Angeles County, described
as follows:
Beginning at the most northwest corner of the above Parcel One; thence
N 19° 59' 48" E, 25.55 feet; thence S 33° 53' 03" E, 125.29 feet; then(
S 46° 34' 20" W, 7.00 feet; thence N 40° 54' 52" W, 112.23 feet to the
point of beginning containing 1685.31 sq. ft.
Said temporary easement to expire upon completion of sewer project.
Parcel 2138 -1B:
An easement for ingress and egress over and across a portion of a
private road, lying 15.00 feet easterly and southerly of the following
described line:
Beginning at the most southwest corner of said 12.745 -acre parcel
h described; thence N 12° 29' 20" E, 168.84 feet to the
beginning of a tangent curve concave southeasterly and having a radius
of 50.00 feet; thence Northeasterly along said curve through a central
angle of 61° 17' 10" an arc length of 53.48 feet; thence
N 73° 46' 30" E, 164.35 feet to an angle point in that parcel of land
conveyed to W.A. Mc Names and Jean E. Mc Names, husband and wife, in
Parcel 1 recorded October 12, 1964 in Book 7255, page 356, Official
Records of Orange County, California.
Excepting therefrom that portion lying within the above Parcel No.
2138 -1.
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