1974-129RESOLUTION NO. 74R- 129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING AN EASEMENT FOR PUBLIC
STREET PURPOSES UPON, OVER AND ACROSS CERTAIN
REAL PROPERTY IN THE CITY OF ANAHEIM. (Kellogg
Drive Atchison, Topeka and Santa Fe Railroad
Grade Crossing No. 2B -39.2)
WHEREAS, the City Council of the City of Anaheim is
desirous of acquiring the hereinafter described real property
for municipal purposes, to wit: An easement for public street
purposes; and
WHEREAS, the Atchison, Topeka and Santa Fe Railway
Company, owner of said property, has offered to donate and con-
vey the same to the City subject to the exceptions and reserva-
tions and upon the terms and conditions set forth in a certain
easement executed by said owner on January 18, 1974, and deli-
vered to the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim finds
that it is for the benefit and best interest of the City of
Anaheim to accept said offer to donate and grant said easement
to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the offer of The Atchison, Topeka and
Santa Fe Railway Company to donate to the City of Anaheim the
following described real property situated in the City of Anaheim,
County of Orange, State of California, to be used for an ease-
ment for public street purposes, and more particularly described
as follows:
An easement for public street purposes upon, over and
across an irregular shaped parcel of land, in the City
of Anaheim, County of Orange, State of California,
being a portion of The Atchison, Topeka and Sante Fe
Railway Company's right of way in Rancho Canon de
Santa Ana described as follows:
Commencing at the intersection of the center line of
Kellogg Drive, as it exists today, with the center
line of Orangethorpe Avenue (formerly known as Placentia
Yorba Road), 50 feet wide, as said Avenue is described
in deed recorded in Deed Book 280, page 151, records of
said County; thence North 78° 18' 40" West (bearings
assumed for the purpose of this description), along the
center line of said Avenue, 433.00 feet; thence South
11° 41' 20" West, 25.00 feet to a point in the southerly
line of said Avenue and THE TRUE POINT OF BEGINNING for
the parcel herein described; thence continuing South 11°
41' 20" West, 7.00 feet to a point in a line parallel
with and distant southerly 7.00 feet measured at right
angles from said southerly line; thence westerly, south-
westerly and southerly along the arc of a curve, tangent
to said parallel line, concave southerly and having a
radius of 27.00 feet, through a central angle of 66° 46'
43 a distance of 31.47 feet; thence South 15° 54' 31"
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West, 29.73 feet to a point in a line parallel with and
distant westerly 37.00 feet measured at right angles
from the hereinabove course having a bearing of South
11° 41' 20" West and a length of 25.00 feet; thence
southerly along the arc of a curve, tangent to last
said parallel line, concave westerly and having a
radius of 640.00 feet, through a central angle of 1°
47' 27 a distance of 20.00 feet to a point in the
southerly line of that certain 0.56 of an acre parcel
of land as described in deed to The Atchison, Topeka
and Santa Fe Railway Company, recorded March 25, 1968,
as Document No. 14920, in Book 8552, page 406, Official
Records of said County; thence North 78° 18' 40" West
along last said southerly line 80.04 feet to a point in
the arc of a curve that is concentric with and distant
westerly 80.00 feet measured radially from the herein
above described curve having a radius of 640.00 feet
and a length of 20.00 feet; thence northerly along said
concentric curve, having a radius of 560.00 feet, through
a central angle of 2° 02' 48" a distance of 20.00 feet
to the point of tangency in a line parallel with and
distant westerly 117.00 feet measured at right angles
from the hereinabove described course having a bearing
of South 11° 41' 20" West and a length of 25.00 feet;
thence North 7° 28' 09" East 29.73 feet; thence northerly,
northwesterly and westerly along the arc of a curve, from
whence a tangent bears North 11° 31' 57" West, concave
southwesterly and having a radius of 27.00 feet, through
a central angle of 66° 46' 43 a distance of 31.47 feet
to the point of tangency in first said parallel line;
thence North 11° 41' 20" East 7.00 feet to a point in the
southerly line of said Avenue; thence South 78° 18' 40"
East along last said southerly line 134.00 feet to the
point of beginning.
Said parcel contains an area of 0.151 of an acre, more
or less.
EXCEPTING AND RESERVING the right to be exercised by
Santa Fe, and by any others who have obtained, or may
obtain, permission or authority from Santa Fe so to do,
(a) to operate, maintain, renew and /or relocate any and all
existing railroad track or tracks, wires, pipes and other
facilities of like character upon, over or under the sur-
face of the hereinabove described premises; and (b) from
time to time to construct, operate, maintain, renew and /or
relocate upon said premises additional facilities of the
character described in Clause (a) of this paragraph, with
out, in any instance, being required to obtain the consent
of the City the same as if this easement had not been
executed.
be, and the same is hereby accepted by the City Council of the
City of Anaheim, and that the City of Anaheim accept a convey-
ance of said real property subject to the exceptions and reser-
vations and upon the terms and conditions set forth in the ease-
ment dated January 18, 1974, executed by The Atchison, Topeka
and Santa. Fe Railway Company and delivered to the City of
Anaheim.
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THE FOREGOING RESOLUTION is approved and signed by me
this 26th day of March, 1974.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
MES:kw -3-
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CITY CLERK OF THE CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 74R- X29 was
passed and adopted at a regular meeting of the City Council held
on the 26th day of March 19 74, 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 26th day of
March 1974
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 26th day of
March 19 74
CITY CLERK OF THE CITY OF ANAHEIM
1, ALONA M. FARRENS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
74R -129 duly passed and adopted by the Anaheim City Council on
March 26, 1974.
City Clerk