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70R-371 :RESOLUTION NO. 70R- 371 A RESOLU!ION OF THE CITY COUNCIL OF THE CITY OF ANAHE M DETERMINING THE NECESSITY FOR, AND DIRECTIN.. THE ACQUISITION, BY EMINENT DOMAIN OF REAL ~ROPERTY FOR HIGHWAY EASEMENT AND PUBLIC UtILITY PURPOSES. WHEREAS, pUblic convenience and necessity require the acquisition of. certain real property within the City of Anaheim for the fo~lowing purposes, to wit: highway easement and public utility 'purposes; and WHEREAS, the City Council does find and determine that public interest anq necessity require the acquisition of all that real property here~n described, by the City of Anaheim for high- way easement and p~lic utility purposes. NOW, THE~FORE, BE IT RESOLVED by the City Council of the City of An~:im that pUblic interest and necessity require the acquisition of the following described real property, to wit: Parcel One : That portion qf the East half of the Southeast quarter of the Northwest qua~ter of Section 23, Township 4 South, Range 10 West, in the ~ancho San Juan Cajon de Santa Ana, as shown on a Map recorde~ in Book 51, page 10 of Miscellaneous Maps, records of Ora,bge County, lying Northeasterly of the North- easterly lineiof the right of way of the Atchison, Topeka and Santa Fe Hailway Company. Parcel Two: An easement fo~ road and public utility purposes, and for the construction ~d maintenance of slope areas, over, under and across that po~tion of the Southeast quarter of the North- west quarter oif Section 23, Township 4 South, RangelOWes t, in the Rancho San Juan Cajon de Santa Ana as shown on a Map recorded in Bopk 51, page 10 of Miscellaneous Maps, records of Orange Coun~y, described as follows: Beginning at tne Southeast corner of Lot 16, Tract No. 4408, as shown on a Map recorded in Book 159, pages 37 and 38 of Miscellaneous Maps, records of said county, thence North 50 15' 26" West, 401.65 feet to a point in the north line of said tract; th~nce North 70 26' 20" West, 160.00 feet; thence North 00 15' 2$1" West, 234.80 i'eet to a point in the South- westerly line of the Atchison, Topeka and Santa Fe Railway Company's right of way. said point hereinafter referred to as Point A; thence Southeasterly along said Southwesterly line to an intersection with the East line of the Northwest quarter of said Section 23; thence South 00 15' 29" East along said East line, 596.83 feet; thence South 890 44' 31" West, 45.00 feet to the point of beginning. Excepting that portion of said land now included within Lewis Street. Together with ~y and all rights of access to said Lewis Street which may be appurtenant to the remaining property to -1- ._=_.,..,,,._~~.. : """"'W' the west over and across those courses described above as having the following bearings and distances: North 50 15' 26" West, 401.65 feet; Nortn, 70 26' 20" West, 160.00 feet; North 00 15' 29" West, 234.80 feet. Parcel Three: A temporary ea~ement for construction, maintenance and opera- tion of a railroad shoofly over, under and across that portion of the Southea~t quarter of the Northwest quarter of Section 23, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10, of Mi$cellaneous Maps, records of Orange County California, de$cribed as follows: I Beginning at P~int A as established in Parcel Two described herein; thence following along a portion of the Southwesterly right of way l~ne of the Atchison, Topeka and Santa Fe Rail- way, said righ~ of way line being in a curve concave North- easterly and h,"ving a radius of 5,779.65 feet through a central angle <:>f 30 13' 19" an arc distance of 325.01 feet; thence leaving the Southwesterly right of way line of said Atchison, 'l'ope~a and Santa Fe Railway South 110 53' 54" East 292.51 feet; tlUence South 230 15' 29 " East 190 .00 feet to an intersection w~th a line parallel with and 100 feet Westerly of the East line of the Southeast quarter of the Northwest quarter of saiCi Section 23; thence North 00 15' 29" West 165.00 feet al<:>ng the last mentioned parallel line to the point of begin~ing. Said temporary easement shall terminate on or before July 1, 1971. BE IT FURtHER RESOLVED that the City Council find, and it does hereby find and determine, that public interest and necessity require t~e acquisition of said property by the City of Anaheim for the .foresaid purposes, and that the taking of the property herein~bove described is necessary therefor, and that the uses to wh~ch it is to be put are uses authorized by law, and the taking of said property is necessary to such uses. AND BE IT FURTHER RESOLVED that the City Council does hereby authorize th~ acquisition of said property by the City of Anaheim, and the City Attorney of 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 th~ necessary proceedings and steps incident to the acquisition of the title to said property, including the right to immediate possession thereof. THE FOREG~ING RESOLUTION is approved and signed by me this 21st day of July , 19-Z9--. ."" ~ ~ (./ .~.~TI1E.. ~.;y 4J~~~~ ATTEST: fi~2fo~ ANAHEIM JHD:kw:7/22/70 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. -" I, DENE M. WI~LIAMB, City Clerk of the City of Anaheim, do hereby certify that thei~oregoing Resolution No. 70R-371 was intro- duced and adopted at a ~egu1ar meeting provided by law, of the City Council of the City of Anaheim, held on the .21st day of July, 1970, by the following vote of the members thereof: AYES: COUNCIJ1,MEN: Clark, Pebley, Thorn and Dutton NOES: COUNCIJ1,MEN: None ABSENT: COUNCIJ1,MEN: Stephenson AND I FURTHER ,CERTIFY that the Mayor of the City of Anaheim approved and signed sai4 Resolution No. 70R-371 on the 21st day of July, 1970. IN WITNESS WH~EOF, I have hereunto set my hand -and affixed the official seal' of the City of Anaheim this 21st day of July, 1970. ~ i .~ )t. ~~~ C TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WI J1.L lAME , City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-371 duly passed and adopted by the Anaheim City Council on July 21, 1970. iL-){ ~..~~~ City Clerk ""","-~----..,,.-