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1973-466 RESOLUTION NO. 73R-466. - 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. (SOUTH OF SANTA ANA CANYON ROAD, EAST OF IMPERIAL) WHEREAS, public convenience and necessity require the acquisition of certain real property within the City of Anaheim for the following purposes, to wit: drainage easement 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 drainage easement 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: PARCEL 1. An Easement over the real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL lA. A perpetual non-exclusive easement for drainage purposes in, on and over that portion of the land allotted to Paula Peralta de Dominguez in said County of Orange, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in book "B", page 410 of Judgements of the District Court of the 17th Judicial District in and for Los Angeles County, Cali- fornia described as follows; A strip of land 15.00 feet in width the centerline of said strip being described as follows: c ,r---..., Beginning at a point in the South line of the land shown on map recorded in book 11, page 39 of Records of Surveys in the office of the County Recorder of said Orange County, as said pouth line is shown on map recorded in book 91, page 40 of said Records of Surveys, said point being distant N 750 02' 26" E 973.87 feet from the Westerly terminus of that certain course shown on said last mentioned Record of Survey as having a bearing and length of N 750 02' 26" E 2264.54 feet said point of beginning being a point on a non-tangent curve concave Southwesterly having a radius of 90.00 feet a radial line to said point bears N 640 29' 28" E; thence Northwest- erly along said curve through a central angle of 210 54' 25" a distance of 34.41 feet to a reverse curve concave North- easterly having a radius of 90.00 feet; thence Northwester- ly along said curve through a central angle of 180 34' 1411 a distance of 29.17 feet; thence tangent to said curve N 280 50' 43" W 199.38 feet; to the beginning of a tangent curve -1- .- concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 130 33' 11" a distance of 21.29 feet; thence tangent to said curve N 420 23' 54H W 81.26 feet to the beginning of a tan- gent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 380 13' 57" a distance of 60.06 feet; thence tangent to said curve N 800 37' 5111 W 24.27 feet to the beginning of a tangent curve concave Northeasterly having a radius of 45.00 feet; thence Northwesterly along said curve through a central angle of 680 58' 2811 a distance of 54.17 feet; thence tangent to said curve 1:1 110 39' 2311 W 73.23 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 370 25' 40" a distance of 58.79 feet; thence tangent to said curve N 490 05' 03\1 W 56.35 feet to the beginning of a tangent curve concave Easterly having a radius of 90.00 feet; thence Northerly along said curve through a central angle of 570 13' 09" a distance of 89.88 feet; thence tangent to said curve N 80 08' 06" E 416.00 feet to the beginning of a tangent curve concave Southeasterly having a radius of 90.00 feet; thence Northeasterly along said curve through a central angle of 90 23' 56'1 a distance of 14.76 feet; thence tangent to said curve N 170 32' 021l E 89.80 feet to the beginning of a tangent curve concave Westerly having a radius of 90.00 feet; thence Northerly along said curve through a central angle of 480 11' 39" a distance of 75.70 feet; thence tangent to said curve N 300 39' 37" W 135,30 feet to a point hereinafter referred to as Point "A" and the beginning of a tangent curve concave Northeast- erly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 170 37' 53\1 a distance of 27.70 feet; thence tangent to said curve N 130 01' 44" W' 150.66 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 370 55' 041l a distance of 59.56 feet; thence tangent to said curve N 500 56' 48 '1 W 391.03 feet to the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 340 01' 48" a distance of 53.45 feet; thence tangent to said curve N 160 55' 0011 W 12.37 feet to the beginning of a tangent curve concave Southwesterly hav- ing a radius of 45.00 feet; thence Northwesterly along said curve through a central angle of 560 26' 34" a distance of 44.33 feet to a point hereinafter referred to as Point liB"; thence tangent to said curve N 730 21' 34'1 W 189.23 feet to the beginning of a tangent curve concave Northeasterly hav- ing a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 50 29' 14" a distance of 8.62 feet; thence tangent to said curve N 670 52' 20H W 75.37 feet to a point hereinafter referred to as Point "C" and the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 570 01' 17" a distance of 89.57 feet to a reverse curve concave Southwesterly hav- ing a radius of 90,00 feet; thence Northwesterly along said curve through a central angle of 190 11' 20" a distance of 30,14 feet; thence tangent to said curve N 300 02' 23" W 48.00 feet to the beginning of a tangent curve concave ~,.~ -2- A~'-'-'" Southwesterly having a radius of 90.00 feet; thence Northwest- erly along said curve through a central angie of 310 47' 19" a distance of 49,93 feet to a reverse curve concave North- easterly having a radius of 90,00 feet; thence Northwest- erly along said curve through a central angle of 310 47' 19" a distance of 49.93 feet; thence tangent to said curve N 300 02' 23" W 412.86 feet to the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 290 00' 0011 a distance of 45.55 feet; thence tangent to said curve N 10 02' 23" W 70 feet more or less to the South- easterly line of the 60-foot road known as Santa Ana Canyon Road, as described in the deed to the County of Orange dated May 8, 1928 and recorded in book 171, page 144 of Official Records in said office of the County Recorder. The sidelines of said strip of land shall be prolonged or shortened so as to terminate Southerly in said South line of the land shown on map recorded in Book ll( page 39 of said Records of Surveys, and Northerly in sa1d Southeast- erly line of ~an,t.aAna Canyon Road. PARCEL lB. A temporary easement for construction purposes over a strip of land 50.00 feet in width lying 25.00 feet East- erly and 25.00 feet Westerly of the centerline of here- inabove described Parcel lA, being bounded Southerly by the Southerly line of said land shown on map recorded in Book 11, page 39 of Record of Survey and bounded Norther- ly by Point "A" of hereinabove described Parcel lA. PARCEL lC. A temporary easement for construction purposes over a strip of land 75.00 feet in width lying 25.00 feet East- erly and 50.00 feet Westerly of the centerline of here- inabove described Parcel lA, being bounded Northerly by Point IlB" and Southerly by Point "A" of hereinabove described Parcel lA, PARCEL 1D. A temporary easement for construction purposes over a strip of land 50.00 feet in width lying 25.00 feet East- erly and 25.00 westerly of the centerline of hereinabove described Parcel lA, being bounded Northerly by Point "C" and Southerly by Point "B" of hereinabove described Parcel lA. PARCEL IE. ...- A temporary easement for construction purposes over a strip of land 75.00 feet in width lying 25.00 feet Easterly and 50.00 feet Westerly of the centerline of hereinabove described Parcel lA, being bounded Northerly by the South- easterly line of said Santa Ana Canyon Road and Southerly by Point "C" of hereinabove described Parcel lA. EXCEPTING from hereinabove described Parcels lB, lC, lD and IE that portion within hereinabove described Parcel lA. -3- ,- The interest herein conveyed is limited to those portions of the above-described easements of which the Condemnees are the present owners of record. PARCEL 2. An easement over the real property situated in the City of Anaheim, County of Orange, State of California, described as; PARCEL 2A A perpetual non-exclusive easement for drainage pur- poses in, on and over that portion of the land allotted to Paula Peralta de Dominguez in said County of Orange, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in book lIB", page 410 of Judgements of the District Court of the 17th Judicial District in and for Los Angeles County, California described as follows: '>''''-'''' A strip of land 15.00 feet in width the centerline of said strip being described as follows~ Beginning at a point in the South line of the land shown on map recorded in book 11, page 39 of Records of Surveys in the office of the County Recorder of said Orange County, as said South line is shown on map recorded in book 91, page 40 of said Records of Surveys, said point being dis- tant N 750 02' 26" E 973.87 feet from the Westerly termin- us of that certain course shown on said last mentioned Record of Survey as having a bearing and length of N 750 02' 26" E 2264.54 feet said point of beginning being a point on a non-tangent curve concave Southwesterly having a radius of 90.00 feet a radial line to said point bears N 640 29' 28" E; thence Northwesterly along said curve through a central angle of 210 54' 2S" a distance of 34.41 feet to a reverse curve concave Northeasterly hav- ing a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 180 34' 14" a dis- tance of 29.17 feet; thence tangent to said curve N 280 50' 431: W 199.38 feet; to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 130 33' 1111 a distance of 21.29 feet; thence tangent to said curve N 420 23' 54" W 81.26 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 380 13' 57" a distance of 60.06 feet; thence tangent to said curve N 800 37' 51" W 24.27 feet to the beginning of a tangent curve concave Northeasterly having a radius of 45.00 feet; thence North- westerly along said curve through a central angle of 680 58' 28" a distance of 54.17 feet; thence tangent to said curve N 110 39' 2311 W 73.23 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 370 25' 40" a distance of 58.79 feet; thence tangent to said curve N 490 05' 031l W 56.35 feet . to the beginning of a tangent curve concave Easterly hav~ng a radius of 90.00 feet; thence Northerly along said curve -4- - through a central angle of 570 13' 09" a distance of 89.88 feet; thence tangent to said curve N 80 08' 06" E 416.00 feet to the beginning of a tangent curve concave South- easterly having a radius of 90,00 feet; thence Northeaster- ly along said curve through a central angle of 90 23' 56" a distance of 14.76 feet; thence tangent to said curve N 170 32' 02" E 89.80 feet to the beginning of a tangent curve concave Westerly having a radius of 90,,00 feet; thence Northerly along said curve through a central angle of 480 II' 39" a distance of 75.70 feet; thence tangent to said curve N 300 39' 37" W 135,,30 feet to a point hereinafter referred to as Point "A" and the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 170 37' 53" a distance of 27.70 feet; thence tangent to said curve N 130 01' 44" W 150,,66 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90,,00 feet; thence Northwesterly along said curve through a central angle of 370 55' 04" a distance of 59.56 feet; thence tangent to said curve N 500 56' 48" W 391.03 feet to the beginning of a tangent curve con- cave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 340 01' 48" a distance of 53.45 feet; thence tangent to said curve N 160 55' 00" W 12,,37 feet to the beginning of a tangent curve concave Southwesterly having a radius of 45.00 feet; thence Northwesterly along said curve through a central angle of 560 26' 34u a distance of 44.33 feet to a point hereinafter refer- red to as Point "B"; thence tangent to said curve N 730 21' 34" W 189.23 feet to the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 50 29' 14" a distance of 8.62 feet; thence tangent to said curve N 670 52' 2011 W 75.37 feet to a point hereinafter referred to as Point "ell and the beginning of a tangent curve concave Northeast- erly having a radius of 90,00 feet; thence Northwesterly along said curve through a central angle of 570 01' 17" a distance of 89.57 feet to a reverse curve concave Southwesterly having a radius of 90,00 feet; thence Northwesterly along said curve through a central angle of 19011' 20" a distance of 30.14 feet; thence tangent to said curve N 300 02' 2311 W 48.00 feet to the beginning of a tangent curve concave Southwesterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 310 47' 19" a distance of 49.93 feet to a reverse curve concave Northeasterly having a radius of 90.00 feet; thence Northwesterly along said curve through a central angle of 310 47' 19'1 a distance of 49.93 feet; thence tangent to said curve N 300 02' 23" W 412.86 feet to the beginning of a tangent curve concave Northeasterly having a radius of 90.00 feet; thence North- westerly along said curve through a central angle of 290 00' 0011 a distance of 45.55 feet; thence tangent to said curve N 10 02' 2311 W 70 feet more or less to the South- easterly line of the 60-foot road known as Santa Ana Can- yon Road, as described in the deed to the County of Orange dated May 8, 1928 and recorded in book 171, page 144 of Official Records in said office of the County Recorder. ""..--......^ -5- - The sidelines of said strip of land shall be prolonged or shortened so as to terminate Southerly in said South line of the land shown on map recorded in Book 11, page 39 of said Records of Surveys, and Northerly in said Southeast- erly line of Santa Ana Canyon Road. PARCEL 2B. A temporary easement for construction purposes over a strip of land 20.00 feet in width adjacent to and con- tiguous with the Southwesterly boundary of the above described Parcel 1 and more specifically shown on attached Exhibit "A". The interest herein conveyed is limited to those portions of the above-described easements of which the Condemnees are the present owners of record. 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 tak- ing of the property hereinabove described is necessary there- for, 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. AND BE IT FURTHER RESOLVED that the City Council does hereby authorize the 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 per- form and carry out all of the necessary proceedings and steps incident to the acquisition of the title to said property and obtaining immediate possession thereof. THE FOREGOING RESOLUTION is approved and siged by me this 9th day of October, 1973. ~t4 ~ ~j~~ , OR 01!' THE C Y OF An EIM ATTEST; DENE M. DAOUST, CITY CLERK By C;~--c.-rt~ >n" ,",~a/vV---rtd Deputy CITY' CLERK OF T E CITY OF ANAHEIM .,- JHD: j h -6.... - - -" 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-466 was passed and adopted at a regular meeting of the City Council held on the 9th day of October , 1973 , by the following vote of the members thereof: --- AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, THOM and DUTTON 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 9th day of October , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of October , 1973 . .---'-' DENE M. DAOUST, CITY CLERK By ~ /11, #tUL-V~ Deputy CITY CLE~ OF THE CITY OF ANAHEIM (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-466 duly passed and adopted by the Anaheim City Council on October 9, 1973. DENE M. DAOUST, CITY CLERK By C~~,,/& )n. ~ ~J Deputy -