Resolution No. 417RESOLUTION NO. 417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING
THE NECESSITY TO ACQUIRE CERTAIN RIGHT -OF -WAY FROM THE SOUTHERN
PACIFIC RAILWAY COMPANY FOR DRAINAGE PURPOSES, AND INSTRUCTING THE
CITY ATTORNEY TO BRING CONDEMNATION ACTION ON THE AFOREMENTIONED
PROPERTY TO BRING IT INTO IMMEDIATE CITY POSSESSION
WHEREAS, the City of Cypress is authorized, by virtue of the Statues
of the State of California, to take property by condemnation, and hold, use
and enjoy said property as necessary to the full exercise of its power;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Cypress has found
and determined and does hereby find and determine that the public interest
and necessity require for public use the acquisition, construction,
completion, operation, and maintenance by said City of Cypress of certain
public improvements, to wit: an easement for drainage purposes within the
City limits of the City of Cypress; and that certain real property situated
in the City of Cypress, the County of Orange, State of California, is
necessary therefor.
Section 2. That the real property, the acquisition of which is
required for the public interest and necessity for the uses and purposes set
forth in Section 1 hereof, is situated in the City of Cypress, County of
Orange, State of California, and is more particularly described as follows,
to wit:
PARCEL 1: An easement for drainage and sanitary sewer
purposes over a strip of land lying within the 60.00 foot
Right of Way described in Parcel 12 of deed to Pacific
Electric Railway Company recorded in Book 1653, Pages 503
through 513, Official Records of Orange County, State of
California in the Office of the County Recorder of said
County, and also lying within the South Half of Section 22,
Township 4 South, Range 11 West, S. B. B. and M., the
Southerly line of said strip being parallel with and 15.00
feet Northerly, measured at right angles, from the centerline
of the railroad rails as now existing.
EXCEPTING THEREFROM the East 30.00 feet thereof.
ALSO EXCEPTING THEREFROM the West 35.00 feet thereof.
PARCEL 2: An easement for sanitary sewer purposes over
a strip of land lying within said South Half of Section 22,
also lying within said 60.00 foot Right of Way, said
easement being 10.00 feet in width lying 5.00 feet on each
side of the following described centerline:
Commencing at the intersection of said centerline
of the railroad rails as now existing with the West line of
said Section 22; thence Easterly along said centerline
S 89° 43' 59" E 1318.74 feet; thence leaving said centerline
at right angles N 0° 16' 01" E 15.00 feet to the South line
of hereinabove described Parcel 1, said point being the true
point of beginning; thence S 0° 16' 01" W 45.00 feet to the
South line of said 60.00 foot Right of Way.
Section 3. Said public improvement is planned and located in a
manner which will be most compatible with the greatest public good and
the least private injury.
Section 4. The firm of Rutan, Lindsay, Dahl, Smedegaard,
Howell, and Tucker, attorneys for the City of Cypress, is hereby directed
to bring an action in the Superior Court of the State of California, in and
for the County of Orange, in the name of the City of Cypress to condemn by
eminent domain proceedings the property described in Section 2 hereof.
Section 5. For the purposes of bringing such an action, the firm
of Rutan, Lindsay, Dahl, Smedegaard, Howell and Tucker is hereby empowered
to incur, in the name of said City, all obligations and expenses incidental
thereto.
The foregoing resolution is hereby approved and signed by me this
2nd day of December, 1963.
FRANK P. NOE t
Mayor of the City of Cypress
ATTEST:
L /fl-h1 /
D R ELL SEX
City Clerk of the City of Cypress
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CYPRESS )
I, DARRELL ESSEX, City Clerk of the City of Cypress, do hereby
certify that the foregoing Resolution was passed and adopted at a regular
adjourned meeting of the City Council of Cypress held on the 2nd day of
December, 1963, by the following vote of the members thereof.
AYES: - 4 COUNCILMEN: Gordon, Gorzeman, Van Dyke, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Wright
AND I FURTHER CERTIFY that the Mayor of the City of Cypress
approved and signed said Resolution on the 2nd day of December, 1963.
IN WITNESS WEE REOF, I have hereunto set my hand and affixed the
seal of the City of Cypress this 2nd day of December, 1963.
Resolution No. 417
DAR ELL ESSEX
City Clerk of the City of Cypress