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1973-591 ...,..,.~ RESOLUTION NO. 73R-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR DRAINAGE PURPOSES. (Upper K Ranch) wHEREAS, public convenience and necessity require the acquisi tion" of certain real property wi thin the City of Anaheim for the following purposes, to wit: for drainage purposes; and WHEREAS, the City Council does find and determine that public interest and necessity require the acquisition of all that real property herein described by the City of Anaheim for drain- age purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that public interest and necessity require the acquisition of the following described real property, to wit: An Easement over the real property situated in the City of Anaheim, County of Orange, State of California, des- cribed as: Perpetual non-exclusive easements for drainage purposes, in, on and over that portion of the second class land allotted to Vincente Yorba in said County of Orange, as described in the Final Decree of Partition of the Rancho Canon de Santa Ana, a certified copy of which was recorded February 8, 1874 in Book 28, page 158 of Deeds, in the Office of County Recorder of Los Angeles County, California, described as follows: PARCEL 1: A strip of land 15.00 feet in width the centerline of said strip being described as follows: ~- Beginning at a point in that certain course shown as hav- ing a bearing and length of N 400 24' 0311 E 510.02 feet in the Northwesterly boundary of the land shown on map filed in Book 18, page 46, of Records of Surveys in the office of the County Recorder of said Orange County, distant thereon N 410 00' 0611 E 47.01 feet from corner S.S.A. #36 as shown on said map, said point being the beginning of a non-tangent curve concave Northeasterly having a radius of 1280.00 feet, a radial line of said curve at said beginning bears S 590 32' 23" W; thence Northwesterly along said curve through a central angle of 100 45' 38" a distance of 240.39 feet; thence tangent to said curve N 190 41' 59" W 358.78 feet to the beginning of a tangent curve concave Southwesterly having a radius of 45.00 feet, said curve being also tangent to a line that is parallel with and distant Southeasterly 14.71 feet from the Southeasterly line of the land des- cribed in the deed to the State of California recorded in Book 8497, page 894 of Official Records of said Orange County; thence Northwesterly along said curve through a central angle of 990 40' 40" a distance of 78.29 feet to said parallel line. -1- ~~- The sidelines of said strip of land shall be terminated Southeasterly in the Northwesterly boundary of the land shown on said Record of Survey. PARCEL 2: A strip of land 24.00 feet in width, the Northwesterly line of said strip being described as follows: Commencing at the terminus of the centerline of the above described Parcell; thence N 290 22' 3911 W 14.71 feet to a point in the Southeasterly line of the land described in the deed to the State of California recorded in Book 8497, page 894 of Official Records of said Orange County, said point being the true point of beginning; thence along said Southeasterly line S 600 37r 21" W 182.00 feet. Together with temporary easements for construction purposes over the following described parcels of land; said temporary easements shall terminate at such time as the storm drain and appurtenances to be constructed in the above described Parcels 1 and 2 are accepted by the City of Anaheim. PARCEL I-A: A strip of land 50.00 feet in width the Southwesterly line of said strip being contiguous with the Northeasterly boundary of the above described Parcell. The sidelines of said strip of land shall be terminated Southeasterly in the Northwesterly boundary of the land shown on said Record of Survey, and Northwesterly in the Southeasterly line of the land described in deed to the State of California recorded in Book 8497, page 894 of Official Records of said Orange County. PARCEL l-B: A strip of land 50.00 feet in width the Northeasterly line of said strip being contiguous with the Southwesterly boun- dary of the above described Parcell. The sidelines of said strip of land shall be terminated Southeasterly in the Northwesterly boundary of the land shown on said Record of Survey. PARCEL 2-A: A strip of land 50.00 feet in width the Northwesterly line of said strip being described as follows: Beginning at the true point of beginning of the above described Parcel 2; thence along said Southeasterly line of the land described in the deed to the State of California S 600 37' 21" W 232.00 feet. ",- EXCEPTING therefrom that portion included within the above described Parcel 2. The interest herein conveyed is limited to those portions of the above described easements of which the Grantors are the present owners of record. -2- ....'--, BE IT FURTHER RESOLVED that the City Council find, and it does hereby find and determine, that public interest and necessity require the acquisition of said property by the City of Anaheim for the aforesaid purposes, and that the taking of the property hereinabove described is necessary therefor, and that the uses to which it is to be put are uses authorized by law, and the taking of said property is necessary to such uses. Ai'lD BE IT FURTHER RESOLVED that the City Council does hereby authorize the acquisition of said propergy by the City of Anaheim, and the City Attorney of the City of Anaheim is hereby directed to institut~ an action in eminent domain for the acqui- sition'of the title toea~d property, and to perform and carry out all of the necessary proceedings and steps incident to the acquisition of the title to said property, including the right to immediate possession thereof. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of December, 1973. ATTEST: 1"\ ~ ~.lJ~ CI Y CLE OF THE CITY OF ANAHEIM -, - -3- JHD:kw - ...... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~. I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-59l was passed and adopted at a regular meeting of the City Council held on the lRrh day of December , 19~, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Danton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the l8th_ day of December , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of December , 19 ~. ~, ft. [)~ CITY CLERK OF THE CITY OF ANAHEII1 (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-59l duly passed and adopted by the Anaheim City Council on December 18, 1973. iL-)t, j)~ City Clerk -