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1965-132WHEREAS, the Orange County Flood Control District is desirous of obtaining an easement for flood control and water conservation purposes in, over and across the hereinafter described real property; and WHEREAS, the City of Anaheim is the owner of said property. RESOLUTION NO. 65R -132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE GRANTING OF AN EASE- MENT TO ORANGE COUNTY FLOOD CONTROL DISTRICT FOR FLOOD CONTROL AND WATER CONSERVATION PUR- POSES, AND AUTHORIZING THE EXECUTION OF SAID GRANT OF EASEMENT. NOW, THEREFORE, be it resolved by the City Council of the City of Anaheim that there be, and there is hereby, granted to the Orange County Flood Control District an easement for flood control and water conservation purposes in, over and across that certain real property in the City of Anaheim, County of Orange, State of California, described as follows: A strip of land, 25.00 feet wide, in that por- tion of Lots 3 and 4 of Tract No. 71, in the city of Anaheim, county of Orange, state of California, per map recorded in book 10, page 22 of Miscellaneous Maps in the office of the County Recorder of said county, described in deeds to the city of Anaheim, recorded August 25, 1964 in book 7192, page 81 and July 24, 1964 in book 7148, page 591, both of Official Records in the office of said County Recorder, lying 12.50 feet on each side of a line described as follows: Beginning at the center line intersection of Katella Avenue and State College Boulevard; thence S. 89 08' 10" E., 416.35 feet along the center line of said Katella Avenue to the beginning of a tangent curve, concave northerly and having a radius of 1000.00 feet; thence Easterly 18.65 feet along said curve, through a central angle of 1 04' 07" to a point on the east line of the land described as "Parcel 1" in the deed to W. H. Jewett, recorded September 1, 1960 in book 5400, page 238 of said Official Records, said point being the true point of beginning; thence S. 0 43' 42" W., 604.41 feet along said east line and its southerly prolongation to the beginning of a tangent curve, concave easterly and having a radius of 400.00 feet; thence Southerly 106.59 feet along said curve, through a central angle of 15 16' 07 thence tangent to said curve S. 14 32' 25" E., 1162.71 feet to the beginning of a tangent curve, concave westerly and having a radius of 400.00 feet, said curve also being tangent to a line which is parallel with and westerly 12.50 feet from the east line of the land described in deed to the Owen Company, recorded April 9, 1963 in book 6500, page 838 of said Official Records; thence Southerly 106.59 feet along said curve, through a central angle of 15 16' 07" to its point of tangency with said parallel line; thence -1- S. 0 43' 42" W., 687.79 feet along said parallel line to its intersection with the south line of said Lot 3, said intersection being distant S. 89 08' 18" E., 769.43 feet along said south line and its westerly prolongation from the center line of State College Boulevard. Together with the further right to enter upon and to pass and repass over and along said land and to deposit tools, implements and other materials thereon by GRANTEE, its of- ficers, agents and employees, and by persons under contract with it and their employees whenever and wherever necessary for the purposes above set forth. GRANTOR reserves for himself, his successors and assigns and all persons hereafter owning or occupying the whole or any part of the above described real property the right to erect, construct and maintain over, above and upon said storm drain, buildings, improvements and /or structures and to cause an earth fill to be placed over, along and above the covering of said storm drain to such extent as GRANTOR, his successors or assigns or other persons owning or occupy- ing the whole or any part of said land may require for the convenient use and occupation of said land, and the fore- going grant of easement is subject and subordinate to the reservations expressed in this paragraph; provided, however, that before commencement of construction of any such build- ing, improvement or earth fill the plans and specifications for the construction thereof shall first be submitted to the Chief Engineer or Orange County Flood Control District for the purpose of enabling said engineer to determine whether or not any such building, structure, improvement or earth fill will be so constructed that foundations or other structural weight will rest upon or near said storm drain in such manner or with so great weight as to jeopardize the safety of said storm drain, and no such construction shall be made until and unless said engineer shall in writing state his opinion that the safety of said storm drain will not be so jeopardized by the construction work described in said plans and specifications; provided further that if said Chief Engineer, within fifteen days after submission to him of said plans and specifications, does not disapprove said plans and specifications, then such failure of disap- proval may be deemed as an approval thereof. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to execute a grant of easement to carry out the purposes of this resolution and to com- plete the granting of said easement to the Orange County Flood Control District. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of February, 1965. AT ST: CIT CLERK OF THE CITY OF ANAHEIM -2- PRO OF THE TEM CI Y 0` ,`A IM 7 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -132 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 23rd day of February, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor Pro Tem of the City f Anaheim approved and signed said Resolution No. 65R -132 on the 23rd day of February, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of February, 1965. CLERK OF THE CITY OF 'ANAHEIM (SEAL) CIT