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1979-147RESOLUTION NO 79R -147 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. (MC NAMES) The City Council of the City of Anaheim does hereby resolve and determine, by a vote of not less than two-thirds of its members, as follows: SECTION I. That the public interest and necessity re- quire the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit, a right of way for sewage disposal and drainage purposes together with related incidental uses, including, but without limitation, the right to enter upon said premises for the pur- poses of constructing, reconstructing, maintaining and repairing said sewage and drainage facilities. The City is authorized to acquire the hereinafter described real property, or interest in real property Pursuant to the Government Code of the State of California, including, but without limitation, Sections 37350.5 and 37351 of said Government Code. SECTION II. The City Council of the City of Anaheim finds and determines that: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The hereinafter described real property, or interest in real property, is necessary for the proposed project. SECTION III. That the City of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for a right of way for sewage disposal and drainage purposes together with related incidental uses, including, but without limitation, the right to enter upon said premises for the purposes of constructing, reconstructing, maintaining and repairing said sewage and drainage facilities, to be used in accordance with applicable laws of the State of California and the Charter of the City of Anaheim, the real prop- erty as described in Exhibit "A" attached hereto. -1- SECTION IV. If, and to the extent that the real prop- erty, or interest in real property, is presently appropriated to public use, the City of Anaheim seeks to acauire said real prop- erty, or interest in real property, pursuant to Section 1240.610 of the Code of Civil Procedure. SECTION V. In the event that any real property, or interest in real property, as described in Section III, consti- tutes a part only of a larger narcel of property, the City of Anaheim is hereby authorized to acquire by eminent domain pur- suant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SECTION VI. The law firm of Oliver, Stoever Laskin, special attorneys for the City of Anaheim, and William P. Hopkins, City Attorney, are hereby authorized to prepare and prosecute in the name of the City of Anaheim, such proceeding or proceedin's in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs and actions as may be necessary in the opinion of said attorneys to acauire 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, Sections 1230.010- 1273.050). THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of March, 1979. ATTEST: C TY LERK OF T E CITY OF ANAHEIM MES fm AYOR OF THE e Y OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -147 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of March, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -147 on the 13th day of March, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of March, 1979. (SEAL) CITY C RK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -147 duly passed and adopted by the Anaheim City Council on March 13, 1979. Parcel 2138 -1 Aii easement for the installation and maintenance of a sanitary sewer over, under and across a portion of the Northwest quarter of Section 6, Township 4 South, Range 8 West, in the land alloted to Tinidad Peralta Marquez in Decree of Partition of the Rancho Santiago de Santa Ana, as recorded in Book "B" of Judgements in the 17th Judicial District Court of Los Angeles County, described as follows: Beginning at the southwest corner of that certain 12.745 -acre parcel of land shown on a map filed in Book 22, page 11, Record of Surveys, recorded in the Office of the County Recorder of said Orange County; thence N 1 06' 03" E, 17.00 feet; thence S 40° 54' 52" E, 112.23 feet; thence S 46° 34' 20" W, 7.00 feet; thence N 43 25' 40" W, 100.00 feet to the point of beginning consisting of 988.52 sq. ft. Parcel 2138 -1A A temporary construction easement over, under and across a portion, of the Northwest quarter of Section 6, Township 4 South, Range 8 West, in the land alloted to Tinidad Peralta Marquez in Decree of Partition of the Rancho Santiago de Santa Ana, as recorded in Book "B" of Judgement: in the 17th Judicial District Court of Los Angeles County, described as follows: Beginning at the most northwest corner of the above Parcel One; thence N 19° 59' 48" E, 25.55 feet; thence S 33° 53' 03" E, 125.29 feet; then( S 46° 34' 20" W, 7.00 feet; thence N 40° 54' 52" W, 112.23 feet to the point of beginning containing 1685.31 sq. ft. Said temporary easement to expire upon completion of sewer project. Parcel 2138 -1B: An easement for ingress and egress over and across a portion of a private road, lying 15.00 feet easterly and southerly of the following described line: Beginning at the most southwest corner of said 12.745 -acre parcel h described; thence N 12° 29' 20" E, 168.84 feet to the beginning of a tangent curve concave southeasterly and having a radius of 50.00 feet; thence Northeasterly along said curve through a central angle of 61° 17' 10" an arc length of 53.48 feet; thence N 73° 46' 30" E, 164.35 feet to an angle point in that parcel of land conveyed to W.A. Mc Names and Jean E. Mc Names, husband and wife, in Parcel 1 recorded October 12, 1964 in Book 7255, page 356, Official Records of Orange County, California. Excepting therefrom that portion lying within the above Parcel No. 2138 -1. rini «nff T ry