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1965-736RESOLUTION NO. 65R- 736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF, A PURPORTED INTEREST IN REAL PROPERTY OWNED BY THE CITY OF ANAHEIM FOR RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES. WHEREAS, public convenience and necessity require the acquisition, improvement and maintenance of a public improve- ment within the City of Anaheim, to wit: a right of way for road and public utility purposes; and WHEREAS, the City of Anaheim is the owner of the under- lying fee of the property involved, subject, however to an alleged claim of possession by others and the assumption of actual posses- sion of the property involved; and WHEREAS, the City Council does find and determine that public interest and necessity require the acquisition by the City of Anaheim, including the immediate possession thereof, of the alleged interest of others in that certain real property herein described for the improvement and maintenance of a right of way for road and public utility 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 alleged interest of others in that certain real property owned in fee by the City of Anaheim, being that real property in the City of Anaheim, County of Orange, State of California, more particularly described as follows, to wit: Parcel 1: A right of way for road and public utility purposes over, under and across the Northerly sixty (60) feet (measured South from the center line of Katella Avenue) of the following described property: That portion of the Northeast Quarter of the Northwest Quarter of Section 27, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, Miscellaneous Maps, Book 51, Page 10, records of Orange County, State of California, described as follows: Beginning at the north quarter corner of said Section 27, said corner also being the center line intersection of Katella Avenue and Harbor Boulevard; thence along said center line of Katella Avenue, South 89 54' 40" West 656.66 feet to the true point of beginning, said last mentioned point bears North 89 54' 40" East 1985.98 feet from the center line intersection of said Katella Avenue and West Street; thence South 1 21' 17" East 348.08 feet; thence North 89 54' 40" East 266.52 feet; thence South 1 20' 45" East 437.10 feet; thence South 89 54' 40" West 567.76 feet to the beginning of a curve concave to the northeast having a radius of 40.00 feet; thence northwesterly 61.94 feet along said curve thru a central angle of 88 43' 31 thence -1- C North 1 21' 49" West 87.14 feet to the beginning of a curve concave to the southwest having a radius of 465.30 feet; thence northwesterly 179.29 feet along said curve thru a central angle of 22 04' 40" to the beginning of a reverse curve having a radius of 365.30 feet; thence northwesterly 140.76 feet along said curve through a central angle of 22 04' 40'; thence North 89 54' 40" East 241.43 feet; thence North 1 21' 17" West 348.08 feet to said center line of Katella Avenue; thence North 89 54' 40" East 160.04 feet to the point of beginning. Parcel 2: A right of way for public utility purposes over, under and across the Easterly ten (10) feet of the Northerly three hundred twenty -six (326) feet (measured South from the center line of Katella Avenue) of the following described property: That portion of the Northeast Quarter of the Northwest Quarter of Section 27, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, Miscellaneous Maps, Book 51, page 10, records of Orange County, State of California, described as follows: Beginning at the north quarter corner of said Section 27, said corner also being the center line intersection of Katella Avenue and Harbor Boulevard; thence along said center line of Katella Avenue, South 89 54' 40" West 656.66 feet to the true point of beginning, said last mentioned point bears North 89 54' 40" East 1985.98 feet from the center line intersection of said Katella Avenue and West Street; thence South 1 21' 17" East 348.08 feet; thence North 89 54' 40" East 266.52 feet; thence South 1 20' 45" East 437.10 feet; thence South 89 54' 40" West 567.76 feet to the beginning of a curve concave to the northeast having a radius of 40.00 feet; thence northwesterly 61.94 feet along said curve thru a central angle of 88 43' 31 thence North 1 21' 49" West 87.14 feet to the beginning of a curve concave to the southwest having a radius of 465.30 feet; thence northwesterly 179.29 feet along said curve thru a central angle of 22 04' 40" to the beginning of a reverse curve having a radius of 365.30 feet; thence northwesterly 140.76 feet along said curve through a central angle of 22 04' 40 thence North 89 54' 40" East 241.43 feet; thence North 1 21 17" West 348.08 feet to said center line of Katella Avenue; thence North 89 54' 40" East 160.04 feet to the point of beginning. BE IT FURTHER RESOLVED that the City Council does here- by find and determine that public interest and necessity require the acquisition of said interest in said land by the City of Anaheim for the improvement and maintenance of the aforesaid project, and that the taking of the interest in the property hereinabove described is necessary therefor, and that the use to which it is to be applied is a use authorized by law and the taking of said property is necessary for such use. -2- AND BE IT FURTHER RESOLVED that the acquisition of the interest in said property by the City of Anaheim be, and it is hereby authorized and the City Attorney be, and he is hereby directed to acquire the same by an action in eminent domain, or otherwise, for the acquisition of the alleged interest of others in and to said property, and to perform and carry out all of the necessary proceedings and steps incident to such acquisition including the exercise of the right to immediate possession thereof. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of October, 1965. ATTEST: Anaheim (SEAL) LERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 5th day of October, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of approved and signed said resolution on the 5th day of October, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of October, 1965. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -736 duly passed and adopted by the Anaheim City Council on October 5, 1965. -3- CITY CLERK „(d(; MAYOR OF THE CITY 0 ANAHEIM CIT CLERK OF THE CITY OF ANAHEIM