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Resolution No. 846RESOLUTION NO. 846 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 of the State of California, to take property by condemnation and enjoy said property as necessary to the full exercise of NOW, THEREFORE, the City Council of the City of Cypress resolve as follows: the Statutes and hold, use its power; does hereby e67 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 improve- ments, to wit: street right of way purposes in fee simple absolute, 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: PARCEL NO. 1 That portion of the southeast quarter of Section 21, Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Cypress, County of Orange, State of California, as per map filed in the Decree of Partition in the Superior Court of Los Angeles County, California, Case No. 13527, a certified copy of the final decree of said case having been recorded February 2, 1891, in book 14, page 31 of Deeds of said Orange County, and being more particularly described as follows: Beginning at the east quarter corner of said Section 21, said corner being the centerline intersection of Valley View Street and Cerritos Avenue; thence South 89° 05' 09" West, 351.29 feet along the north line of said southeast quarter, and the centerline of Cerritos Avenue, to the beginning of a tangent curve concave northerly having a radius of 2000.00 feet; thence westerly 329.90 feet along said curve through a central angle of 9° 27' 03" to a point on said curve, a radial line from said point bears North 80 32' 12" East; thence South 8° 32' 12" West 22.00 feet along the southerly prolongation of said radial line, to a point on a concentric curve concave northerly having a radius of 2,022.00 feet, said point being a point on a line parallel with and south- westerly 30.00 feet from the Rancho Los Alamitos boundary line, and said point being the true point of beginning; thence northwesterly 129.60 feet along said curve through a central angle of 3° 40' 21" to a point of tangency; thenceNorth 77° 47' 27" West, 229.73 feet to the beginning of a tangent curve concave southerly having a radius of 1,978.00 feet; thence Westerly 243.90 feet along said curve through a central angle of 7° 03' 54" to intersect a line parallel with and southerly 30.00 feet from the north line of said southeast quarter and said centerline of Cerritos Avenue, said parallel line being the southerly line of Cerritos Avenue; thence North 89° 59' 13" East 281.24 feet along said parallel line to an angle point in said southerly line of Cerritos Avenue, said angle point being a point on the aforesaid line parallel with and southwesterly 30.00 feet from the said Rancho Los Alamitos boundary; thence South 70° 46' 00" East 330.13 feet along said parallel line to the point of beginning. RESOinTrnN Nn. RAR 366 Except all coal, chemicals, petroleum, oil, gas, asphaltum, and other hydrocarbons, and all minerals, metals and mineral ores, whether similar to those herein specified or not, of every kind and character now known to exist or hereafter discovered upon, within or underlying said land, together with the exclusive and perpetual right of said Grantee, its successors and assigns, of ingress and egress beneath the surface of said land to explore for, extract, mine and remove the same and to make such use of said land beneath the surface as is necessary or useful in connection there- with, which use may include lateral or slant drilling, digging, boring or sinking of wells, shafts, tunnels, or other mthods, together with the further exclusive and perpetual right of said Grantee, its successors and assigns, to make such use of said land as may be necessary to store, keep, deposit and/or remove all coal, chemicals, petroleum, oil, gas, asphaltum and other hydrocarbons and all minerals, metals and mineral ores, whether similar to those herein specified or not, of every kind and character now known to exist or hereafter discovered; provided, however, that said Grantee its successors or assigns shall not use the surface of said land above a five hundred (500.00) foot depth in the exercise of any of said rights as granted to Consoli- dated Pacific Investment Company, by deed recorded January 29, 1959 in book 4567, page 496 of Official Records. SECTION 3. Said public improvement is planned and located in a manner which will be most compatible with the greatest public good and 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. SECTION 5. For the purposes of bringing such an action, the firm of Rutan & Tucker, is hereby empowered to incur, in the name of the City of Cypress, 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 13th day of February, 1968. ATTEST: // , j%LERi CI�fP CLE OF THE ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF THE CITY OF KESS 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 13th day of February, 1968, by the following vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK OF TH CITY OF CYPRESS RESOLUTION NO. 846