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1965-038RESOLUTION NO. 65R -38 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 PARK AND RECREATION PURPOSES. WHEREAS, public convenience and necessity require the acquisition, improvement and maintenance of a public im- provement within the County of Orange, to wit: A public park, for park and recreation purposes; and WHEREAS, the City Council does find and determine that public interest and necessity require the acquisition by the City of Anaheim of all that certain real property herein described by the City of Anaheim for the improvement and maintenance of a public park for park and recreation purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that public interest and necessity require the acquisition of that certain real property situa- ted in the County of Orange, State of California, more particularly described as follows, to wit: PARCEL ONE: Lots 2 and 3 of Mrs. Bush's Subdivision of a portion of the Bush Tract, as shown on a Map recorded in Book 36, page 52 of Miscellaneous Records of Los Angeles County, California. Excepting therefrom the strip of land conveyed to the Santa Ana Valley Irrigation Company by deed re- corded July 18, 1934 in Book 685, page 255 of Official Records. Also excepting therefrom that portion of said land as described in a deed dated April 10, 1940 in favor of Orange County Water District, recorded June 1, 1940 in Book 1043, page 348 of Official Records. PARCEL TWO: All that land lying South of the South line of Lots 2 and 3 of Mrs. Bush's Subdivision of a portion of the Bush Tract, as shown on a Map recorded in Book 36, page 52 of Miscellaneous Records of Los Angeles County, California, and North of the center line of the Santa Ana Canyon Road, as conveyed to the County of Orange by deed recorded June 7, 1928 in Book 171, page 144 of Official Records, bounded on the East by the Southerly extension of the East line of said Lot 2 and bounded on the West by the Southerly exten- sion of the West line of said Lot 3. Excepting therefrom the portion conveyed to Santa Ana Valley Irrigation Company by deed recorded July 18, 1934 in Book 685, page 255 of Official Records. Also excepting therefrom the portion conveyed to the State of California by deed recorded May 18, 1948 in Book 1638, page 359 of Official Records. -1- PARCEL THREE: Commencing at the Northwest corner of Lot 1 of Tract No. 936, as shown on a Map recorded in Book 30, pages 1 and 2 of Miscellaneous Maps, re- cords of Orange County, California; thence North 0 12' 30" West 1442.40 feet measured along the Easterly line of Lot 1 of Mrs. Bush's Subdivision of a portion of the Bush Tract, as shown on a Map recorded in Book 36, page 52 of Miscellaneous Records of Los Angeles County, California, and the extensions thereof to a point; thence North 79 08' 30" West 424.52 feet to the true point of beginning of the land hereinafter described, said true point of beginning being North 0 15' 30" West 1513.95 feet measured along the Westerly line of said Lot 1 of Mrs. Bush's Subdivision and the extensions thereof from the center line of the Santa Ana Canyon Road, as paved in 1926; thence North 79 08' 30" West 30.90 feet to the point of intersection of the Westerly line of the Third Class land allotted to Y. Y. de Cota in the partition of the Rancho de Canon de Santa Ana or the Southerly extension thereof, said point of intersection bear- ing South 0 08' 15" West 3151.02 feet from a monu- ment marking the intersection of the said Westerly line of said Third Class land allotted to Y. Y. de Cota with the Southerly right of way line of the Atchison, Topeka and Santa Fe Railway Company; thence North 0 08' 15" East along the Westerly line of said Third Class land allotted to Y. Y. de Cota 136.72 feet to a point in the Southerly line of the land conveyed by H. A. Buhrmann and wife to E.M. Henderson and wife by deed recorded October 25, 1928 in Book 206, page 432 of Official Records; thence North 89 51' 45" West along the Southerly line of the land conveyed to said E. M. Henderson and wife, 668.17 feet, more or less, to an intersection with the North- erly extension of the Westerly line of Lot 3 of said Mrs. Bush's Subdivision; thence Southerly along the Northerly extension of the Westerly line of said Lot 3 to the Northwest corner of said Lot 3; thence Easterly along the Northerly line of Lots 3 and 2 of Mrs. Bush's Subdivision, 697.62 feet to the North- east corner of said Lot 2; thence North 0 15' 30" West along the Northerly extension of the Easterly line of said Lot 2 to the true point of beginning. Excepting therefrom that portion of said property as described in a deed dated April 10, 1940 in favor of Orange County Water District, recorded June 1, 1940 in Book 1043, page 348 of Official Records. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that public interest and necessity require the acquisition of said land by the City of Anaheim for the improvement and maintenance of the aforesaid project, and that the taking of 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 to such use. -2- AND BE IT FURTHER RESOLVED that the acquisition of said property by the City of Anaheim be and it is hereby authorized, and the City Attorney of the City of Anaheim be and he is hereby authorized to commence an action in eminent domain for the acquisition of fee title to said property, and to perform and carry out all of the necessary proceedings and steps incident to the acquisition of the title to said property by eminent domain or otherwise. THE FOREGOING RESOLUTION is approved and signed by me this 19th day of January, 1965. ATTEST: 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 19th day of January, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler 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 10th day of January, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of January, 1965. (SEAL) C7[ CLERK OF THE CITY OF ANAHEIM -3- CITY CLERK OF THE CITY OF ANAHEIM COPIES FORWARDED TO: El Fire Department Parks Recreation Personnel Planning El Police Public Works Director Ei Engineering Right -of -Way 0 Utilities Director Building "rrâ–º g City Attorney City Clerk City Council City Mon er Finance Disc for El Accounting Treasurer Purcnasing