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71R-379 RESOLUTION NO. 71R- 379 ..........., A RE.SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR AND DIRECTING THE ACQUISITION BY. EMINENT . DOMAIN OP REAL PROPERTY FOR SANITARY SEWER PURPOSES (TARDIE, INC. AND DINKLER PROPERTIES). WHEREAS, public convenience and necessity require the acquisition of certain real property within the City of Anaheim for the following purposes, to wit: sanitary sewer purposes; and WHEREAS, the City Council does find and dete~ine that public interest and necessity require the acquisition of all that certain real property herein described by the City of Anaheim for sanitary sewer purposes. NOW, THEREFORE, BE IT RESOLVED by the .City Council 'of the City of Anahe~ that public interest and necessity require the acquisition of that certain real property situated in the City of Anaheim, County of Orange, State of California, more particularly described as follows, to wit: An easement over the real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A - ONE: An easement for installation and main- tenance of a sanitary sewer line over, under and across a strip of land 15 feet in width lying within that por- tion of Lots 3 and 4, Block 23 of the Golden State Tract, as shown on a map recorded in Book 4, pages 66 and 67, Miscellaneous Maps, records of said county, said 15 foot strip lying 5 feet northerly and 10 feet southerly of the following described line: Beginning at the intersection of the centerline of Jackson Avenue and the west line of Tract 7185, as shown on a map recorded in Book 268, paqes 49 and 50, Miscellaneous Maps, said point of beginning being the beginning of a tangent curve concave northerly and having a radius of 600.00 feet;. thence Westerly along said curve through a central angle of 30 56' 46" ~ arc distance of 41.33 feet; thence S 85041' 26" W, 1,17'7.13 feet to the last mentioned curve to the beginning of a tangent curve concave northerly and having a radius of 600.00 feet; thence Northwesterly along said curve through a central angle of 24025' 35" an arc distance of 255.79 feet to the beginning of a reverse curve concave south- westerly and having a radius of 600.00 feet; thence Northerly and Westerly along said curve through a central angle of 20. 15' 51" an arc distance to the point of intersection with the southwesterly line of said Lot 4, said point of intersection being the point of te~inus of the herein described line. The northerly and southerly lines of said strip to be lengthened or shortened as' the case may be to coincide with the west line of said, Tract 7185 and the southwesterly line of said Lot 4. PARCEL A - TWO: An easement for temporary construction purposes over, under and across a strip of land 15' feet -1- .._" in width lying within that portion of Lots 3 and 4, Block 23 of the Golden State Tract, as shown on a map recorded in Book 4, pages 66 and 67, Miscellaneous Maps, records of said Orange County, the northerly line of said 15 foot strip being the southerly line of that certain 15 foot strip of land described in Parcel A - One above. The southerly line of said strip being lengthened or shortened as the case may be to coincide with the west line of Tract 718.5, as shown on a map recorded in Book 268, pages 49 and 50, Miscellaneous Maps, records of said Orange County and the southwesterly line of said Lot 4. Said temporary easement to expire upon completion of the installation of said sewer line lying within the following described property: The Westerly 145.00 feet measured along the Northerly line of: That portion of Lots 3 and 4 in Block 23 .of Golden State Tract, as shown on a Map recorded in book 4, paqe.s 66 and 67 of Miscellaneous Maps, records of Oranqe .County, California, described as follows: Conunencing at the intersection of the Southwesterly line of said Lot 3 with a line that is paralle.l with and distant Westerly 217.50 feet measured at right angles from the Easterly line of said Lot 3; thence North 70 26' 30" West along said parallel line a distance of 361.90 feet, said point being the true point of beginning; thence South 820 33' 30" West 230.12 feet; thence South 290 19' 30" West 132 .19. feet to a line that is parallel wi th ~d distant Northeasterly 20.00 feet measured at riqh.t anqle.s from the Southwesterly line of said Lot 3; thence North 600 40' 30" West alonq said parallel line a distance of 376.31 feet; thence North 7. 26' 30'. West 325.51 feet to the Southerly line of said land described as Parcel 2 in a Deed to the State of California filed February 25, 1954, as Document No. 29719 in the office of the Registrar of Titles in the office of the County Recorder of Orange County, California 1 thence North 820 33' 30" East 610.69 feet along said Southerly line and its Easterly prolongation to a line that is parallel with and distant Westerly 217.50 feet measured at right anqles from the Easterly line of said Lot .3; thence South 70 26' 30.. East 444.86 feet to the true point of beginning. Excepting therefrom the Norther1y 20.00 feet. Also excepting all oil, gas and other hydrocarbons and minerals now and hereafter in, on and under that part of the above described land lying below a plane 500 feet below the surface of said land, but without any right of entry or any right to mine, drill for, or conduct any other operations, on or from the surface of said land, or in that part above a plane 500 feet below said surface, for the purpose of exploiting for, developing, recovering, producing, removing or marketing of any of said substances, as reserved in the Deed from William Rae Laidlaw and others, recorded December 12, 1960, in Book 5544, paqes 248 of Official Records. -2- -.......... . PARCEL B - ONE: An easement for installation and main- tenance of a sanitary sewer line over, under and across a strip of land l5 feet in width lying within that portion of Lots 3 and 4, Block 23 of the Golden State Tract, as shown on a map recorded in Book 4, pages 66 and 67, Mis- cellaneous Maps, records of said county, said l5 foot strip lying 5 feet northerly and 10 feet southerly of the fol1ow- inq described line: Beginning .at the intersection of the centerline of Jackson Avenue and the west line of Tract 7185, as shown on a map recorded in Book 268, pages 49 and 50, Miscellaneous Maps, said point of beginning being the beqinning of a tangent curve concave .northerly and having a radius of 600.00 feet;. thence Westerly along said curve through a central angle of 30 56' 46". an arc distance of 41.33 feet; thence S 850 41' 26" W, 1,l77,13 feet tangent to the last mentioned curve to. the beginning of a tangent curve concave northerly and having a radius of 600. 00 feet ~ thence Northwes:terly along said curve through a central angle of 240 25' 35" an arc distance. of 255.79 feet to the beginning of a reverse curve concave southwesterly and having a radius of 600.00 feet; thence Northerly and Westerly along said curve through a central angle of 200 15' 51" an arc dis.tance t.o the point of intersection with the southwesterly line of said Lot 4, said point of intersection being the point of terminus of the herein described line. The northerly and southerly lines of said strip to be lengthened or shortened as the case may be to. coincide with the west line of said Tract 7185 and the southwesterly line of said Lot 4. PARCEL B - TWO: An easement for temporary const.ruct.ion purpose.s over, under and across a strip of land 15 feet in width lying within that portion of Lots 3 and 4,. Block 23 of the Golden State Tract, as shown on a map recorded in Book 4, pages 66 and 67, Miscellaneous Maps, records of said Oranqe County, the northerly line of said 15 foot strip being the southerly line of that certain 15 foot strip of land described in Parcel B - One above. The southerly line of said st.rip being lengthened or shortened as the case may be to coincide with the west line of Tract 7185, as shown on a map recorded in Book 268, paqes 49 and 50, Miscellaneous Maps, records of said Orange County and the sout.hwesterly line of said Lot. 4. ...-.. Said temporary easement to expire upon comp1etion of the installat.ion of said sewer line lying within the following described proper~y: The Southerly 10.00 acres of the followinq described parcel: Lot 4 in Block 23 and the Westerly 9.92 acres of Lot 3 in said Block 23 of the Golden Stat.e Tract, as shown on a map recorded in book 4, pages 66 and 67 of Miscellaneous Maps, records of Orange County, California. The Easterly line of said 9.92 acres to be parallel wit.h and distant Westerly 217.50 feet from the Easterly line of said Lot 3. -3- '_." EXCEPTING THEREFROM said lO.OO acres that portion described in a deed to Freeway Industrial Center, Inc., a California corporation, recorded December 12, 1960, in book 5544, paqe 248 of Official 'Records. ALSO EXCEPTING FROM said 10.00 acres, ~ha~ portion described in a deed to the State of California, recorded January 9, 19'64, in book 6876, paqe 16'4 of. Official Records. SUBJECT TO second installment of taxes for the fiscal year 1965-66. SUBJECT ALSO to covenants, conditions, restrictions, reservations, easements and rights of way of record. 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 afore- mentioned purposes and that the taking of the property herein- before described is necessary therefor ~d that the 'uses to which it is to be put are uses authorized by law and t.he t.akinq of said property is necessary to such uses. BE IT FURTHER RESOLVED that the City Council does. hereby authorize the acquisition of said property by. ~he City of Anaheim, and the City Attorney of the City of Anaheim is hereby directed to inst.itute an action in eminemt domain for the acquisition of the title to said property, and to perform and carry out all of the necessary proceedinqs and steps 'incident to the acquisition of the title to said property and to acquire immediate possession thereof. THE FOREGOING RESOLUTION is approved and sig-ned by me this 24th day of August, 1971. , ~~ ~~~-i\. f&-' . .' ATTEST: DENE M. DAOUST, CITY CLERK By c~~ )-JI. ~~a..-t.'~ CITY CLERK OF THE CITY OF AHEIM Deputy ..,..-... -4- JHD : kw STATE, OF CALIFORNLA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) ~, I, DENE M. DAOUST, City Clerk of the C~ty of Anaheim, do hereby certify that the foregoing Resolution No. 71R-379 was passed and adopted at a regular meeting of the City Council held on the 24th day of . AU2Ust. , 19: 71 , by the following vote of ~he members thereof: --- AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: ABSTAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: None Roth None AND I FURTHER CERTIFY that the :Mayor of the City of Anaheim approved and siqned said reso"luti:on on the' 24th day of Augus t . , 19'--Z.!.- . IN WI.TRESS WHEREOF, I have hereunto set my hand and affixed the se'a1 'of the City of Anaheim this : 24th day of August ' , 19' 71 . DENE M. DAOUST, CITY CLERK ~TY~ ~~L~Nt6fANABE-IM - Deputy . (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-379 duly passed and adopted by the Anaheim City Council on August 24, 1971. DENE M. DAOUST, CI TY CLERK ............. ..-.. / Bv (.~cL:t:J-;?'ia.../ /?l ~ a/J..-u?"~ City Clerk Deputy ...............