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BE IT FURTHER RESOLVED: That said City Council does hereby find and determine that public interest, convenience and necessity require the acquisition of an easement for street purposes in and under certain real property now used as railroad track right of way, which said tracks will cross First Street on an overpass at grade level, for the purposes of building, constructing, maintaining and reconstructing supporting structures for said railroad tracks and for necessary abutments and retaining walls to protect the street right of way to be constructed as an underpass or submerged street passing under said tracks, which said easement will in no way be inconsistent with nor in any way conflict with the maintenance, use and operation of said railroad tracks, and which use will make the operation and use of said railroad tracks more desirable and beneficial to the owner thereof by reason of removing all vehicular traffic from crossing said railroad tracks at said location. The real property which is required for said uses and purposes is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described as follows: PARCEL 15: Commencing at the intersection of the center line of First Street (70 feet wide) with the monumented center line of Evergreen Street; thence North 89° 58' 38" East (bearing assumed for purpose of this description) along the center line of said First Street 353.56 feet to the Southwesterly corner of said Station Grounds referred to in Parcel 14 (A); thence North 0° 06' 50" East along the Westerlyoline of said Station Grounds 84.25 feet; thence North 79 10' 08" East 158.47 feet; thence North 88° 10' 03" East 105.02 feet to the TRUE POINT OF BEGINNING for the parcel herein described; thence North 88~ 10' 03" East 68.08 feet; thence Southerly along the arc of a curve from whence a tangent bears South 08~ 26' 33" East, concave Easterly and having a radius of 1172.50 feet through a central angle of 5~ 57' 22" a distance of 121.89 feet to a point in the Southerly line of said Station Grounds distant North 89° 58' 38" East along said Southerly line 352.94 feet from theSouthwesterly corner of said Station Grounds; thence South 89° 58' 38" West along said Southerly line 51.58 feet; thence North 14° 23' 45" West 35.52 feet; thence Northwesterly along the arc of a curve tangent to the preceding course, concave Southwesterly and having a radius of 387.85 feet through a central angle of 13° 08' 18" a distance of 88.94 feet to the true point of beginning. BE IT FURTHER RESOLVED: 1. That the City Attorney and John N. McLaurin, special counsel employed by the City of Santa Aha for the acquisition of said rights of way, rights of access and fee title to land, are hereby ordered and directed to bring an action in the name of the City of Santa Aha to condemn fee simple title to property necessary to be taken as herein provided for and to do all things necessary to prosecute said action to final determination; 2. That the public interest, necessity and convenience require, and it is hereby ordered, that the City take immediate possession and use of the property and property rights herein ordered to be acquired upon compliance with the requirements of the law applicable thereto as to the access rights, easement and fee title to property as a necessary part of the right Of way for public street use; 3. That 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; -3-