87-415RESOLUTION NO. 87R-415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY. (FUJISHIGE-STORM DRAIN)
WHEREAS, the City Council finds that public interest and
necessity requires the City of Anaheim to acquire certain real
property interests by eminent domain proceedings for storm drain
purposes.
WHEREAS, certain real property hereinafter described has
been and is included within the City's master plan for drainage.
WHEREAS, the City Council finds that appropriate notice,
as prescribed by law, has been given to those persons whose
property is to be acquired by eminent domain and whose name and
address appears on the last equalized county assessment roi1 so as
to give them a reasonable opportunity to appear and be heard on
matters referred to in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
1. Certain real property hereinafter described must be
acquired for the public use of storm drain purposes.
2. The City of Anaheim is authorized to acquire the real
property interest hereinafter described by eminent domain by
Government Code Section 37350.5.
3. The real property interest to be acquired is an easement
for storm drain purposes on approximately 1.89 acres of land
described by a right-of-way map attached hereto showing the
location of said real property. Said right-of-way map is
incorporated herein by reference.
4. Public interest and necessity require a storm drain to be
placed on the real property described herein.
5. The storm drain to be placed on the real property
described herein is planned and located in the manner that will be
most compatible with the greatest public good and least private
injury.
6. The real property described herein is necessary for storm
drain purposes.
7. The offer required by Section 7267.2 of the Government
Code has been made to the owner or owners of record of the real
property described herein.
8. It is acknowledged that the real property described herein
is within an agricultural preserve established pursuant to the
California Land Conservation Act of 1965 (Government Code Section
51200 et seq.). The location of a storm drain on the real property
described herein is not based primarily on a consideration of the
lower cost of acquiring land in an agricultural preserve. There is
no other land within or outside the agricultural preserve on which
it is reasonably feasible to locate the proposed storm drain. The
City Council of the City of Anaheim, as the governmental body
administering the agricultural preserve, approves and agrees to the
location of a storm drain on the real property described herein and
finds that such use is compatible with the agricultural preserve.
9. In the event that any real property or interest in real
property as described is devoted to a public use, the City of
Anaheim is hereby authorized to acquire by eminent domain said
property pursuant to Code of Civil Procedure Section 1240.610.
10. In the event that any real property or interest in real
property as described constitutes a part only of a larger parcel of
property, the City of Anaheim is hereby authorized to acquire by
eminent domain pursuant to Code of Civil Procedure Section 1240.410
any "remnant(s)" as defined in said section.
11. The law firm of Farano & Kieviet, special attorneys for
the City of Anaheim, and the City Attorney are hereby authorized to
prepare and prosecute in the name of the City such proceeding or
proceedings in the proper court having jurisdiction thereof, as are
necessary for such acquisition; and to Crepare and file such
pleadings, documents, briefs and other instruments, and to make
such arguments and to take such actions as may be necessary in the
opinion of said attorneys to acquire for said City the said real
property. Said attorneys are specifically authorized to take
whatever steps and/or procedures are available to them under the
Eminent Domain Law of the State of California (Code of Civil
Procedure, Title 7, Chapters 1-12, Sections 1230.010-1273.050).
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim by a vote of at least
two-thirds of its members this 13tzh da~ of Og~.~ber, 1987.
MAYOR OF THE CITY OF ANAHEIM
ATTEST: J. ~'D ~
CITY CLERK OF TH CITY-OF ANAHEIM
MES:fm
2011L
091887
-2-
CLERK
STATE OF CAJSIFOP, NIA )
COUNTY OF OtLANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-415 was introduced and adopted at a regular
meeting provided by law, of the City Council of tRe City of Anaheim held on
the 13th day of October, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-415 on the 13th day of October, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of October, 1987.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-415 duly passed and
adopted by the Anaheim City Council on October 13, 1987.
CITY CLERK OF THE CITY OF ANAHEIM