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Resolution No. 839:12 RESOLUTION NO. 839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. WHEREAS, the City of Cypress is authorized, by virtue of the Statutes 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, com- pletion, operation and maintenance by said City of Cypress of certain public improvements, to wit: a right of way easement for drainage (ditch) pipeline purposes; and that certain real property situated in the City of Cypress, 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: (CLAYTON COVED PROPERTY) PARCEL 1 An easement for storm drain purposes over that portion of the northwest quarter of Section 16, Township 4 South, Range 11 West in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11, of Miscellaneous Maps, records of Orange County, California, described as follows: The east 330.00 feet of the north 20.00 feet of the southeast quarter of the northwest quarter of said Section 16. EXCEPT the east 40.00 feet thereof. PARCEL IA A temporary easement for construction purposes over that portion of the northwest quarter of Section 16, Township 4 South, Range 11 West in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11, of Miscellaneous Maps, records of Orange County, California, described as follows: The east 330.00 feet of the south 20.00 feet of the north 40.00 feet of the southeast quarter of the northwest quarter of said Section 16. EXCEPT the east 40.00 feet thereof. ALSO EXCEPT the south 10.00 feet of the east 125.00 feet of the remainder. (CLAUDE BAKER PROPERTY) PARCEL 2 An easement for storm drain purposes over that portion of the northwest quarter of Section 16, Township 4 South, Range 11 West in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California, described as follows: RESOLITTTON NO. R19 357 Commencing at the southeast corner of the northeast quarter of the northwest quarter of said Section 16, said corner being also the point of intersection of the centerline of Newman Street (60.00 feet wide); thence South 89° 35' 21" West, 30.00 feet along the south line of said northeast quarter to the Point of Beginning, being also on the west line of Walker Street; thence continuing along said south line, South 89° 35' 21" West 50.00 feet; thence North 78° 16' 43" East 50.99 feet to a point on said west line of Walker Street and distant North 0° 25' 48" West 10.00 feet along said west line from the point of beginning; thence South 0° 25' 48" East 10.00 feet along said west line to the point of beginning. PARCEL 2A A temporary easement for construction purposes over that portion of the northwest quarter of Section 16, Township 4 South, Range 11 West in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California, described as follows: The east 430.00 feet of the south 50.00 feet of the northeast quarter of the northwest quarter of said Section 16. EXCEPT the east 30.00 feet thereof. ALSO EXCEPT the north 30.00 feet of the west 130.00 feet of the east 230.00 feet of the remainder. ALSO EXCEPT the land described as "PARCEL 2" above. (LAURA COTA PROPERTY) PARCEL 3 An easement for storm drain purposes over that portion of the south- west quarter of the northwest quarter of Section 16, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11 of Miscellaneous Maps records of Orange County, California, described as follows: The north 23.50 feet of the east 80.00 feet of said southwest quarter. EXCEPT the east 30.00 feet thereof. PARCEL 3A A temporary easement for construction purposes over that portion of the southwest quarter of the northwest quarter of Section 16, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Cypress, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California, described as follows: The south 50.00 feet of the north 73.50 feet of the east 105.00 feet of said southwest quarter. EXCEPT the east 30.00 feet thereof. 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 & 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. RRCni TorrnkT .Tfl o"" 358 SECTION 5. For the purposes of bringing such an action, the firm of Rutan & Tucker is hereby empowered to incur, in the name of said City, all obligations and expenses incidental thereto. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 22nd day of January, 1968. ATTEST: CLE' •F THCITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF CYPSS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 22nd day of January, 1968, by the following vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe, and Harvey NOES' 1 COUNCILMEN: McCarney ABSENT: 0 COUNCILMEN: None OCenrl1Trnm mn 010 -17 LTY CERK 0 C F T13$ CITY OF CYPRESS