Resolution No. 8502'73'
RESOLUTION NO. 850
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, 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:
Those portions of the Southeast quarter of fractional Section 21, the
South one-half of fractional Section 22, the North one-half of Section
27, and the Northeast quarter of Section 28 in Township 4 South, Range
11 West, in the Rancho Los Alamitos in the City of Cypress, County of
Orange, State of California as said Sections are shown on Map No. 2 at-
tached to the final decree of partition entered in the Superior Court
of Los Angeles County, Case No. 13527, a certified copy of said final
decree having been recorded February 2, 1891, book 14 page 31 of Deeds
of said Orange County described as follows:
PARCEL NO. 1 (Northwest corner of Valley View Street and Katella Avenue)
Beginning at the southeast corner of said Section 21, thence North
89° 46' 23" West along the centerline of Katella Avenue, of 80.00 feet
in width, and along the south line of said Section 21, a distance of
90.00 feet more or less to intersect the southerly prolongation of the
westerly right of way line of the Bolsa Chica Channel of the Orange
County Flood Control District; thence North 0° 13' 37" East 40.00 feet
along the said westerly right of way line to intersect the northerly
right of way line of said Katella Avenue, said point being the true point
of beginning; thence North 89° 46' 23" West 409.00 feet along said
northerly right of way line of Katella Avenue, thence North 87° 12' 02"
East departing from the said northerly right of way line, 409.49 feet
to intersect the aforesaid westerly right of way line of the Bolsa
Chica Channel; thence South 0° 13' 37" West 20.00 feet along said westerly
right of way line to the point of beginning.
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 therewith, which use may include lateral or
slant drilling, digging, boring or sinking of wells, shafts, tunnels,
or other methods, 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
RESOLUTION NO. 850
3'71
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 Consolidated Pacific Investment Company, by
deed recorded January 29, 1959 in book 4567, page 496 of Official
Records.
PARCEL NO 2 (Northeast corner of Valley View Street and Katella Avenue)
Beginning at the Southeast corner of Parcel 2, described in the condemna-
tion proceedings entered in the Superior Court of Orange County, Case No.
153250, recorded April 28, 1967, Book 8239, pages 431 thru 436 of the
Official Records of said Orange County, said southeast corner being a
point in the northerly right of way line of Katella Avenue of 80.00 feet
in width, and being situate South 89° 46' 23" East, 86.99 feet and North
0° 13' 37" East 40.00 feet from the Southwest corner of said fractional
Section 22; thence North 0° 13' 37" East 20.00 feet along the easterly
right of way line of Valley View Street to the beginning of a non -tangent
curve concave to the northeast and having a radius of 27.00 feet, a
radial line through said radial point bears South 0° 13' 37" West;
thence northwesterly along said curve through a central angle of
90° 00' 15" an arc distance of 42.41 feet; thence North 89° 46' 08"
West 10.57 feet; thence North 1° 04' 15" West along the said easterly
right of way line of Valley View Street 133.04 feet; thence South
4° 46' 40" East departing from the said easterly right of way line of
Valley View Street 98.38 feet; thence South 44°46' 08" East 49.50 feet
to the beginning of a non -tangent curve concave to the northeast
having a radius of 27.00 feet, a radial line thru said radial point
bears North 89° 46' 08" West; thence southeasterly along said curve
through a central angle of 90° 00' 15" an arc distance of 42.41 feet;
thence South 86° 58' 00" East 408.50 feet to intersect the northerly
right of way line of said Katella Avenue; thence North 89° 46' 23"
West along the said northerly right of way line of Katella Avenue;
438.01 feet to the point of beginning.
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 use-
ful in connection therewith, which use may include lateral or slant
drilling, digging, boring or sinking of wells, shafts, tunnels, or other
methods, 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 Consolidated Pacific. Investment Company, by deed recorded
January 29, 1959 in book 4567, page 496 of Official Records.
PARCEL NO. 3 (Northwest corner of Knott Street and Katella Avenue)
Beginning at the southeast corner of said Section 22, thence North
89° 46' 23" West 90.01 feet along the south line of said Section 22;
thence North 0° 13' 37" East 40.00 feet to intersect the northerly
right of way line of Katella Avenue, said point being the true point of
beginning, and also being the southwest corner of a parcel of land
described by a deed recorded in Book 6634, page 50 of the Official
Records of said Orange County; theno=_North 89u 46' 23" West 395.02
feet along the said north right of way line of Katella Avenue; thence
North 87° 44' 44" East departing from the said northerly right of way
line 300.28 feet to intersect a line parallel with and distant 53.00 feet
northerly of the centerline of said Katella Avenue; thence South
89° 46' 23" East 108.02 feet along said parallel line to intersect the
RESOLUTION NO. 850
1375
northwesterly line of above described deed; thence South 45° 13' 01"
West 18.38 feet along said northwesterly line to the point of beginning.
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,mtne and remove the same
and to make such use of said land beneath the surface as is necessary
or useful in connection therewith, which use may include lateral or
slant drilling, digging, boring or sinking of wells, shafts, tunnels, or
other methods, together with the further exclusve 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
Consolidated Pacific Investment Company, by deed recorded January 29,
1959 in book 4567, page 496 of Official Records.
PARCEL NO. 4 (Southwest corner of Knott Street and Katella Avenue)
Beginning at the northeast corner of said Section 27 thence North
89 46' 23" West 90.00 feet along the North line of said Section 27,
thence South 0° 13' 37" West 40.00 feet to intersect the southerly right
of way line of Katella Avenue, of 80.00 feet in width said point being
the true point of beginning and also being the northwest corner of a
prcel of land described by a deed recorded in Book 6634, page 54 of the
Official Records of said Orange County; thence North 89° 46' 23" West
395.00 feet along the said southerly right of way line; thence South
87° 17' 30" East 300.28 feet to intersect a line parallel with and
distant 53.00 feet southerly of the centerline of said Katella Avenue
thence South 89° 46' 23" East 108.00 feet along said parallel line to
interesect the southwesterly line of above described deed; thence North
44° 46' 27" West 18.39 feet along said southwesterly line to the point
of beginning.
Except all coal, chemicals, petroleum, oil, gas, asphaltug,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 therewith, which use may include lateral or
slant drilling, digging, boring or sinking of wells, shafts, tunnels,
or other methods, 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 Consolidated Pacific Investment Company, by deed recorded
January 29, 1959 in book 4567, page 496 of Official Records.
PARCEL NO. 5 (Southeast corner of Valley View Street and Katella Avenue)
Beginning at the northeast corner of Parcel 3 described in the condemna-
tion proceedings entered in the Superior Court of Orange County, Case
No. 153250, recorded April 28, 1967, in Book 8239 at pages 431 thru 436
of the Official Records of said Orange County, said northeast corner
being a point in the southerly right of way line of Katella Avenue, of
RESOLOTION Nn. xsn
316
80.00 feet in width, and being situate South 890 46' 23" East 87.01 feet
and South 0° 13' 37" West 40.00 feet from the northwest corner of said
Section 27; thence South b° 13' 37" West 20.00 feet along the easterly
right of way line of Valley View Street to the beginning of a non -tangent
curve concave to the southeast and having a radius of 27.00 feet a radial
line thru said radial point bears North 0° 13' 37" East; thence south-
westerly along said curve through a central angle of 89° 59' 45" and arc
distance of 42.41 feet; thence North 89° 46' 08" West 10.57 feet; thence
South 1° 31' 59" West along the said easterly right of way of Valley
View Street 233.06 feet; thence North 3° 21' 55" East departing from the
said easterly right of way line of Valley View Street 198.29; thence
North 45° 13' 52" East 49.50 feet to the beginning of a non -tangent curve
concave to the southeast having a radius of 27.00 feet, a radial line
thru said radial point bears North 89° 46' 08" West; thence northeasterly
along said curve through a central angle 89° 59' 45" an arc distance of
42.41 feet; thence North 87° 25' 13" East 408.44 feet to intersect the
southerly right of way line of said Katella Avenue; thence North
89° 46' 23" West along the said southerly right of way line 437.99 feet
to the point of beginning.
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 to useful in
connection therewith, which use may include lateral or slant drilling,
digging, boring or sinking of wells, shafts, tunnels, or other methods,
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 dis-
covered; 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 Consolidated
Pacific Investment Company, by deed recorded January 29, 1959 in book
4567, page 496 of Official Records.
PARCEL NO. 6 (Southwest corner of Valley View Street and Katella Avenue)
Beginning at the northeast corner of said Section 28, thence North
89 46' 23" West along the centerline of Katella Avenue, of 80.00
feet in width and along the north line of said Section 28 a distance
of 90.00 feet more or less to interesect the northerly prolongation
of the westerly right of way line of the Bolsa Chica Channel of the
Orange County Flood Control District; thence South 0° 13' 37" West
40.00 feet along the said westerly right of way line to intersect the
southerly right of way line of said Katella Avenue, said point being
the true point of beginning; thence North 89° 46' 23" West 409.00
feet along the said southerly right of way line of Katella Avenue; thence
South 86° 58' 25" Weast departing from the said southerly right of way
line 409.49 feet to intersect the said westerly right of way line of
the Bolsa Chica Channel; thence North 0° 13' 37" East 20.00 feet along
said westerly right of way line to the true point of beginning.
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 neneath the surface as is necessary
or useful in connection therewith, which use may include lateral or
slant drilling, digging, boring or sinking of wells, shafts, tunnels,
or other methods, together with the further exclusive and perpetual right
of said Grantee, its successors and assigns, to make such use of said
RESOLUTION NO. 850
377
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 Consolidated 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 in 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 27th day of February, 1968.
MAYOR OF THE CITY OF CYPRESS/
ATTEST:
,1l
CITY CLERK 0 T1CITtOF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 26th 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
H�
CITY` ERK OF THE CT,TY OF CYPRESS
RESOLITTION NO. 850