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Resolution No. 1185RESOLUTION NO, 1185 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, comple- tion, operation and maintenance by said City of Cypress of certain public improvements, 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 North Half of Section 27 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 attached 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, in Book 14, Page 31, of Deeds of said Orange County, described as follows: PARCEL NO. 1 (Northeast corner of Orangewood and Valley View) Beginning at the Southwest corner of the Northwest quarter of said Section 27 as said corner is shown on a Record of Survey recorded in Book 44, page 11, Records of said Orange County, said corner being the centerline intersection of Orangewood Avenue and Valley View Street; or Orangewood Ave- nue and Valley View Street; thence North 0° 13' 52" East, along the West line of said Section 27 a distance of 20.00 feet to a point on the Westerly prolongation of the Northerly Right of Way line of Orangewood Avenue; thence South 89° 46' 29" East parallel to the South line of the Northwest quarter of said Section 27 a distance of 60.00 feet to a point, said point being distant 20.00 feet Northerly measured at right angles from South line being the true point of beginning; thence South 89° 46' 29" East along said parallel line 327.00 feet; thence North 81° 25' 51" West 151.60 feet to a point on a line parallel to and distant 42.00 feet Northerly measured at right angles from said South line; thence North 89° 46' 29" West along said parallel line 150.00 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 27.00 feet; thence Westerly along said curve through a central angle of 90° 00' 21" and an arc length of 42.41 feet to a tan- gent line, said line being parallel to and distant 60.00 feet from said West line of Section 27; thence North 0° 13' 52" East along said parallel line a distance of 30.99 feet; thence North 1° 50' 58" West 550.91 feet to a point on the East Right of Way line of Valley View Street; thence South 0° 13' 52" West along said Right of Way line a distance of 610.55 feet; thence South 44° 46' 09" East 28.28 feet to the true point of beginning. EXCEPTING therefrom all coal, chemicals, petroleum, oil, gas, asphaltum and other hydrocarbons, and allminerals, 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 the hereinabove -described land, together with the exclusive and perpetual right of ingress and egress beneath the surface of said hereinabove -described land to explore for, extract, mine and remove the same and to make such use of said hereinabove -described 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 ex- clusive and perpetual right 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 the surface of the above-described land shall not be used above a five hundred (500) foot depth in exercise of any of said rights, all as granted to Consolidated Pacific Investment Co. by deed recorded January 29, 1959, as Instrument No, 14208 in Book 4567, Page 496 of Official Records. Said parcel containing 0.289 acres of land more or less. PARCEL NO. 2 (Northwest corner Orangewood and Knott) Beginning at the Southeast corner of the Northeast quarter of said Section 27, as said corner is shown on a Record of Survey recorded in Book 44, Page 11 of Records of said Orange County, said corner being the Intersection of the centerlines of Orange- wood Avenue and Knott Avenue; thence North 89° 46' 29" West along the South line of said Northeast quarter of Section 27 a distance of 30.00 feet to the intersection of the Southerly prolongation of the Westerly Right of Way line of said Knott Avenue, and said South Line; thence North 0'. 13' 30" East along said Westerly Right of Way line a distance of 20.00 feet to a point on the Northerly Right of Way line of said Orangewood Avenue, said point being the intersection of the said Westerly Right of Way line of Knott Avenue and the said Northerly Right of Way line of Orange- wood Avenue, said point being the true point of beginning; thence North 00 13' 30" east along said Westerly Right of Way line of Knott Avenue a distance of 247.00 feet; thence North 89° 46' 30" West along a line perpendicular to the East line of said Section 27 a distance 20,00 feet to a point on a line, said line being parallel to and distant 50.00 feet Westerly measured at right angles from said East line of Section 27; thence South 0° 13' 30" West along said parallel line a distance of 200.00 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 25.00 feet; thence Southerly along said curve through a central angle of 90° 00' 01" and an arc length of 39.27 feet to a tangent line, said tangent line being parallel to and distant 42.00 feet Northerly measured at right angles from South line of the Northeast quarter of Section 27; thence North 89" 46' 29" West along said parallel line a distance of 200.00 feet; thence South 0" 13' 31" West a distance of 22.00 feet along a line perpendicular to said South line of the Northeast quarter of Section 27 to a point on a line parallel to and distant 20.00 feet Northerly measured at right angles from said South line said parallel line being the Northerly Right of Way line of Orangewood Avenue; thence South 89° 46' 29" East along said parallel line a distance of 245.00 feet to the true point of beginning. 2- EXCEPTING therefrom all coal, chemicals, petroleum, oil, gas, asphaltum and other hydrocarbons, and all minerals, metals and mineralores, whether similar to those herein specified or not, of every kind and character now known to exist or hereafter discovered upon, within or underlying the hereinabove - described land together with the exclusive and perpetual right of ingress and egress beneath the surface of said hereinabove - described land to explore for, extract, mine and remove the same and to make such use of said hereinabove -described 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 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 the surface of the above-described land shall not be used above a five hundred (500) foot depth in the exercise of any of said rights, all as granted to Consolidated Pacific Investment Co. by deed recorded January 29, 1959, as Instrument No. 14208 in Book 4567, Page 496 of Official Records. Said parcel containing 0.230 acres of land more or less. PARCEL NO. 3 Portion of the north -half of the Southwest quarter of Section 27, Township 4 South, Range 11 West, in the Rancho Los Alamitos as per map filed in Decree of Partition in the Superior Court of Log Angeles, California, Case No. 13527, a certified copy of final decree in said case having been recorded February 2, 1891, in Book 14, page 31, Deeds of said Orange County, and described as follows: Beginning at the Northwest corner of said Southwest quarter, said corner being the centerline intersection of Valley View Street and Orangewood Avenue; thence South 89° 46' 29" East along said centerline of Orangewood Avenue a distance of 60.03 feet; thence South 0° 13' 31" West along a line perpendicular to said centerline of Orangewood Avenue 67.00 feet to a point, said point being 67.00 feet Southerly measured at right angles from said centerline of Orangewood Avenue and being 60.00 feet Easterly measured at right angles from said centerline of Valley View Street and being the true point of beginning: THENCE (1) South 0' 12' 03" West along a line parallel to and distant 60.00 feet Easterly measured at right angles from said centerline of Valley View Street, said centerline being the West line of the Southwest quarter of said Section 27, a distance of 18.00 feet; THENCE (2) South 9° 32' 15" West 369.83 feet to a point on said centerline of Valley View Street, said point being 450.00 feet South of said Northwest corner; THENCE (3) North 0° 12' 03" East 198.95 feet along said centerline at Valley View Street; THENCE (4) North 18° 15' 47" East 193.52 feet along the Easterly right-of-way line of Valley View Street to the true point of beginning. 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. That the City Council of City of Cypress hereby declares its intention to acquire the property described in Section 2 by proceedings in eminent domain. That the law firm of Rutan & Tucker be and they are here - 3 - by ordered and directed to bring an action in the Superior Court of the State of California in and for the County of Orange, 1n the name of City of Cypress against all owners and claimants of the property des- cribed in Section 2 for the purpose of condemning and acquiring said properties for the public use of said City of Cypress, and to do all things necessary to prosecute said action to its final determination in accordance with the provisions of law applicable thereto. That said attorneys are authorized and instructed to make application to said court for an Order fixing the amount of security by the way of money deposits as said Court may direct and for an Order permitting the City of Cypress to take possession and use of said real property for the uses and purposes herein described. 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 28th day of June, 1971. L---11"411-61. MAYOR OF THE CITY OF CYPRESS ATTEST: l CITt CLERK HE CITY OF 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 28th day of June, 1971, by the following vote: AYES: 5 COUNCILMEN: Kanel, Kanode, Lacayo, Roberts and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None 4 171- CLERK OF THE C�XTTY CITY OF CYPRESS 10 EC EXISTING R/W AP 130 - 142 - 03 PARCEL NO. 1 0 0 289 ACRES 3 0 0 m M Ln O w 2_ N N Z $ a=90°00'21" R= 2700' L 4241' T 27.00 N89° 46' 29" W 150.00' 81° 25' 51" W 152.66 1" = 1001 327.00 N N 89° 46' 29 " W ORANGEWOOD AVENUE N 44° 46' 09" W 28.28' AP 130- 151 - 04 PARCEL N0.2 0.230 ACRES N89°4630'W 2000' N 0°1330"E 20000 3 4= 90°09'01' R=25.00 L = 39.27 w T = 25.00 Fi -n b N89°4649'W 20000 4500' 1- 0 z P0.8 RIGHT OF WAY MAP ORANGEWOOD AVENUE BASIS OF BEARINGS: R.S.44-II EXHIBIT 14. 198.95' N0•12'03"E ORANGEWOOD AVENUE 42' I3100' S 0.12' 03" W 0.149 ACRES AP 224-063-33 EXISTING R/W LINE PROPOSED R/W EXHIBIT °B` A REV. APPROVED DATE CITY OF CYPRESS DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APP. BN..M .1 Pill. Werke Date VALLEY VIEW Si - ORANGEWOOD RIGHT OF WAY MAP AP 224-063-33