64-971RESOLUTION NO. 64R
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN EASEMENT FROM THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
DONATING AND GRANTING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FOR AN EASEMENT FOR
PUBLIC STREET PURPOSES.
WHEREAS, the City Council of the City of Anaheim
is desirous of acquiring the hereinafter described real prop-
erty for municipal purposes, to wit: An easement for public
street purposes; and
WHEREAS, the owner of said property has offered
to donate and convey the same to the City; 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 said real property.
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 and grant to the City
of Anaheim an easement for public street purposes, upon, over
and across the following described real property situated in
the City of Anaheim, County of Orange, State of California,
more particularly described as follows:
An easement for public street purposes, upon, over and
across that certain irregular shaped parcel of land in
the City of Anaheim, County of Orange, State of Cali-
fornia, being portions of the 100 foot wide right of way
of The Atchison, Topeka and. Santa Fe Railway Company
as described in deed to California Central Railway Company
(predecessor in interest to first said Railway Company)
recorded March 26, 1888, in Book 407 of Deeds, page 130,
Records of Los Angeles County, and of that certain 0.59
of an acre parcel of land as described in deed to first
said Railway Company recorded April 25, 1961, in Book 5700,
page 250, Official Records of Orange County, in the Rancho
Santiago De Santa Ana, more particularly described as
follows:
Beginning at the intersection of the northwesterly line
of said 0.59 of an acre parcel with the southerly line of
said Railway right of way; thence North 70 53' 00" West
(bearings assumed for purpose of this description) along
said southerly line 126.72 feet; thence North 43 52' 25"
East 115.19 feet to a point in the northerly line of said
Railway right of way distant South 70 53' 00" East along
said northerly line 560.33 feet from the westerly line of
said Rancho; thence South 70 53' 00" East along said
northerly line 138.23 feet to a point in a line that is
parallel with and distant southeasterly 120.00 feet measured
at right angles from the course bereinabove described as
having a bearing of North 48 52' 25" East and a length of
115.19 feet and also being parallel with and distant south-
easterly 10.00 feet measured at right angles from the
northeasterly prolongation of said northwesterly line of
said 0.59 acre parcel; thence South 43 52' 25" West along
-1-
De, ant tne same is nereby, accepted by the City Council of tne
City of Ananeim, and that the City of Anaheim accept a convey-
ance of said property.
THE FOREGOING RESOLUTION is approved and signed by
me this 29th day of December 1964.
;TTEST:
said parallel line 293.59 feet to a point in the westerly
line of said 0.59 acre parcel; thence North 00 08' 00"
West along said westerly line 13.25 feet to a point in said
northwesterly line of said 0.59 of an acre parcel; thence
North 48 52' 25" East along said northwesterly line 163.99
feet to the point of beginning.
Said parcel contains an area of 0.357 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 per-
mission or authority from Santa Fe so to do, (a) to operate,
maintain, renew and/or relocate any and all existing rail-
road track or tracks, wires, pipes and other facilities of
like character upon, over or under the surface of the were-
inabove described premises; and (D) from time to time to
construct, operate, maintain, renew and/or relocate upon
said premises additional facilities of the character des-
cribed in Clause (a) of this paragraph, without in any
instance being required to obtain the consent of the City
the same as if this easement had not been executed.
TO HAVE AND TO HOLD said easement unto City solely for
public street purposes so long as the premises hereinabove
described shall be so used, subject, however, to all valid
and existing contracts, leases, licenses, easements, res-
triccions, reservations, conditions, covenants, encumbrances,
rights and rights of way, liens and claims of title vhich
may in anywise affect the said premises, and subject also
to tne express condition subsecuent that if said premises,
or any portion thereof shall cease to be used for the pur-
poses above stated, then and in that event, the easement
hereby given shall, as to such portion or portions, as the
case may be, thereupon cease and determine and Santa Fe,
its successors and assigns, shall resume possession tnereof
the same as though this instrument had not been executed.
DENE M. WILLIAMS
CITY CLERK OF TTICITY OF ANAHEIM
Deputy City Clerk
MAYOR OF THE
Y 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 No. 64R -971 was
introduced and adopted at a regular meeting provided by law, of
the�City Council of the City of Anaheim, held on the 29th day of
December, 1964, by the following vote of the members thereof:
AYES: COUNCILMEN: Pebley, Dutton, Krein and Chandler
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Schutte
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 64R -971 on the
29th day of December, 1964.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 29th day
of December, 1964.
(SEAL) c.
DE'4E M. WILLIAMS
CITY CLERK OF THE CITY OF ANAHEIM
By r- -r.
Deputy City Clerk