86R-251
RESOLUT I ON NO. 86R-25.1
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. (FUJISHIGE)
WHEREAS, the City Council finds that public interest and
necessity requires the City of Anaheim to acquire certain real
property interests by eminent domain proceedings for road and
public utility purposes.
WHEREAS, certain real property hereinafter described has
been and is included within the City's master plan for streets and
highways and drainage.
WHEREAS, the City Council finds that appropriate notice,
as prescribed by law, has been given to those persons whose
property is to be acquired by eminent domain and whose name and
address appears on the last equalized county assessment roll so as
to give them a reasonable opportunity to appear and be heard on
matters referred to in this Resolution.
NOW, THEREFORE, be it resolved by the City Council of the
City of Anaheim as follows:
1. Certain real property hereinafter described must be
acquired for the public use of road and public utility purposes.
2. The City of Anaheim is authorized to acquire the real
property interest hereinafter described by eminent domain by-
Government Code Section 37350.5.
3. The real property interest to be acquired is an easement
for road and public utility purposes on approximately 3.92 acres of
land described by metes and bounds in that certain easement deed
attached hereto, as Exhibit A (containing three pages) which also
contains a right-of-way map showing the location of said real
property. Said easement deed and right-of-way map are incorporated
herein by reference.
4. Public interest and necessity require roads and public
utilities to be placed on the real property described herein.
5. The roads and public utilities to be placed on the real
property described herein are planned and located in the manner
that will be most compatible with the greatest public good and
least private injury.
6. The real property described herein is necessary for roads
and public utilities purposes.
7. The offer required by Section 7267.2 of the Government
Code has been made to the owner or owners or record of the real
property described herein.
8. It is acknowledged that the real property described
herein is within an agricultural preserve established pursuant to
the California Land Conservation Act of 1965 (Government Code
Section 51200 et seq.). The location of roads and public utilities
on the real property described herein is not based primarily on a
consideration of the lower cost of acquiring land in an
agricultural preserve. There is no other land within or outside
the agricultural preserve on which it is reasonably feasible to
locate the proposed roads and public utilities. The City Council
of the City of Anaheim, as the governmental body administering the
agricultural preserve, approves and agrees to the location of roads
and public utilities on the real property described herein and
finds that such use is compatible with the agricultural preserve.
9. In the event that any real property, or interest in real
property, as described, is devoted to a public use, the City of
Anaheim is hereby authorized to acquire by eminent domain, said
property pursuant to Code of Civil Procedure Section l240~6l0.
10. In the event that any real property, or interest in real
property as described, constitutes a part only of a larger parcel
of property, the City of Anaheim is hereby authorized to acquire by
eminent domain pursuant to Code of Civil Procedure Section 1240.410
any "remnant(s)" as defined in said section.
11. The law firm of Parana & Kieviet, special attorneys for
the City of Anaheim, and the City Attorney are hereby authorized to
prepare and prosecute in the name of the City, such proceeding or
proceedings in the proper court having jurisdiction thereof, as are
necessary for such acquisition; and to prepare and file such
pleadings, documents, briefs and other instruments, and to make
such arguments and to take such actions as may be necessary in the
opinion of said attorneys to acquire 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, Title 7, Chapters 1-12, Sections 1230~010-1273.050).
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim by a vote of at least
two-thirds of its members this 3rd day of June
AHEIM
~~ 'A
q rc
C Y CL RK OF THE ~IT~ANAMEIM
MES:sr
4876M
031186
-2-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-251 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of June, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
PRO TIM
AND I FURTHER certify that the Mayor/of the City of Anaheim signed said
Resolution No. 86R-25l on the 3rd day of June, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of June, 1986.
~~~~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-251 duly passed and
adopted by the Anaheim City Council on June 3, 1986.
~A ?L S;~
CITY CLERX
. .....(..-,.... ~.....- .........:. ......~--=~~....~ "'if' 1
. .Rc:~orr.1ing Requested by:
. City Cle,.:< of City of Anaheim
,
. WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAH ElM
P. O. Box 3222
Anaheim, California 92803
No.
CUP 2460
EXEMPT - GOVERNMENT AGENCY
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Deputy City Clerk
EASEMENT D~ED
........
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HIROSHI. and REIKO FUJISHIGE, husband and wife; and
MASAO and TOS'HIKO KUNISAWA FUJISHIGE, husband and wife,
do hereby GRANT to the CITV OF ANAHEIM, a municipal corporation,
Easement over the real property situated in the City of Anaheim, County of Orange, State of California, described as:
An easement for road and pUblic utility purposes over, under
and across that portion of the Northeast quarter of Section 27,
Township 4 South, Range 10 West, S.B.B.&M., described as follows:
Commenc.ing at the centerline intersection of Harbor Boulevard
and Orangewood Avenue, as shown on a Map filed in Book 62, page 22
of Record.of SurveY$ in'the office of the County Recorder of said
Orange County; thence along the centerline of said Orangewood
Avenue, N 890 43' 50" E, 1290.32 feet; thence leaving said center-
line of Orangewood Avenue, N 000 57' 10" W, 660.28 feet to the
True Point of Beginning; thence S 890 02' 5011 W, 30.00 feet to a
point on a non-tangent curve concave Southeasterly having a radius
of 630.00 feet; thence Northerly and Northeasterly along said curve
through a central angle of 390 46' 53" an arc distance of 437.42
feet, to the beginning of a reverse curve concave Northwesterly
having a radius of 570.00 feet, a radial line passing through said
point bears S 510 10' 1711 E; thence Northeasterly along said curve
through a central angle of 280 33' 35" an arc distance of 284.12
feet to the beginning of a tangent curve concave Southwesterly
having a radius of 25.00 feet, a radial line passing through said
point bear's S 790 43' 52" E; thence Northerly and Northwesterly
along said curve through a central angle of 1000 31 ,. 4211 an arc
distance of 43.86 feet to the beginning of a tangent line; thence
along said line S 890 44' 26" W, 133.78 feet to the beginning of
a tangent curve concave Southerly, having a radius of 1170.00 feet;
thence Westerly along said curve through a central angle of
130 14' 33" an arc distance of 270.42 feet to the beginning of a
reverse curve concave Northerly having a radius of 1230.00 feet, a
radial line passing through said point bears S 130 30' 07" E; thence
Westerly along said curve through a central angle of 130 14' 33" an
arc distance of 284.28 feet to the beginning of a tangent line; thence
along said line S 890 44' 26" W, 741.61 feet; thence N 000 15' 34" W,
30.00 feet; thence S 89044' 26" W, 3.23 feet; thence N 00015' 34" vJ,
30.00 feet; N 890 44' 26" E, 744.84 feet to the beginning of a tangent
curve concave Northerly having a radius of 1170.00 feet; thence
Easterly along said curve through a central angle of 130 14' 33"
an arc distance of 270.42 feet to the beginning of a reverse curve
concave Southerly, having a radius of 1230.00 feet, a radial line
passing through said point bears S 130 30' 07" E; thence Easterly
1
EXHIBIT A
Page 1 of 3
I "
'\
along said curve through a central angle of 130 14" 33" an arc
distance of 284.28 feet to the beginning of a tangent line: thence
along said line N 890 44.' 26" E, 142.99 feet to the beginning of a
tangent curve concave Northwesterly having a radius of 25.00 feet:
thence Northeasterly and Northerly along said curve through a central
angle of 890 49' 56" an arc distance of 39.20 feet to the beginning
of a tangent line; thence along said line N 000 05' 3D" W, 538.83
feet; thence N 890 54' 30" E, 60.00 feet; thence S 000 05' 3D" E,
550.84 feet to the beginning of a tangent curve concave Northwesterly
having a radius of 630.00 feet; thence Southwesterly along said curve
through a central angle of 380 55' 13" an arc distance of 427.95 feet
to the beginning of a reverse curve concave Southeasterly having a
radius of 570.00 feet, a radial line passing through said point bears
S 510 10' 17" E; thence Southwesterly and Southerly along said curve
through a central angle of 390 46' 53" an arc distance of 395.76
feet; thence S 890 02' 50" W, 30.00 feet to the True Point of Beginning.
The above described easement is indicated by cross-hatching and
shown as CUP 2460 on that certain map, designated as EXHIBIT "A",
attached ~ereto and incorporated by reference herein.
Hiroshi Fujishige
Dated:
STATE OF CALIFORNIA
COUNTY OF
Reiko Fujishige
}al'
Masao Fujishige
re me, Ihe undersigned. . NOI.ry Public in .nd for said
~. person.lly appeared
Toshiko Kunisawa Fujishige
persona II V known to me (or proved to me on the basIs of
.llsfectory evidence) 10 be Ihe personh) whose namelst is/are
subscribed 10 the within instrument and .cknowledgecf 10 me
that he/she/they execuled Ihe Slme.
WITNESS mv hand and offici.1 se.1.
2
SIGNATURE
EXHIBIT A
Page 2 of 3
No: CUP 2460
".JQ-142.A Reo,. 2/83
."...'.-.
I
i
I
..:~t" - " ~. ~~ .~:.> .t::~ :': ,"\
" .
. '
~.:"e: ~~. .:.~ . . ,,'\.~,...1..;" "":{;:: .. '\"."..':.. ..~.. 'I
"
/(.Of.ffJ'JO.-W- /'/I,9S' ~f.NAfTlR. !TREET
~ fJ7H3' .1 ~
~
0\
t:i
'"
~
~
1
114~. <15'
,
~
.'
~
:
0\
cQ
i
~
~
~..
~N
rn
~O
~~
~
~.
~~
~ll
...~
'"
"lit
o
Q'I
".DD'IS'~4':W a;
JO.OO' it
CITY OF ANAHEIM
DEPARTMENT OF PUBLIC WORK!.
N IN RING N
RIGHT-OF-WAY MAP
DWN.BYI
H.F.
llKTENTlON ffAr/lllMIHTIHf STREIT IOIKlrrllJK
A/W NO, CU p. 24GO
ib
~
.0
"'"
2
.
'"
.'
'IQ
"""
~
~
0\
G
:Ill:
~
~
. ~
tHIJ1l57' ,,,.w I~
!-IJ,.Ol'5D"'W. ~~~D,18' I
S-81'DZ'50"."" ~. ~
AKEA I I7D '84 iF. · 3.92 AtllS
~
.....
.....
~
~
..~
D\
'C'\
0ti-
C)
~
CURVE DA TA
II R L
.A IDOQJI'42. Z5,M 0,8'"
(I) 891149'5"" lSJXJ' ~',lD'
J,.55'/j" '~D.D8' 42HS'
3!"H'I~" .DD.()(J' 4D I 11'
JJ"4{,'S3" '00.00' "I, '9'
J9'4"H" 570.00' 195'.'"
39'4"SJH f6JD.Df)' 417.41'
IS'JJ'JS" 510.00' 28f.I2'
IJ'WH" U?D.IM' 27o.n'
II" /4' H" 11I6m' 28~,Z8"
/J'14'jJ. 11DIJ.OD' l77.U1
n' U'lJ" 1/70.00' 27D.I-}1
IJ"/4'H" (/OO.DO' i77.U'
(J.'4' JJM IZ/O.M' Z84.Z~'
(" -zc--
SCALE: ,- I ZO()'
~
b
IC'\
~
In
.
0\
CO
~
!HA1i80t Bi'D.
J ,'/6. '7'
N.OI.Z "07"- VV - Z II ?a 2.20'
EXHIIIT "A"
BMH If IfAIW6S =r.s. 'l.ll
EXHIBIT A
Page 3 of 3