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86R-250 RESOLUTION NO. 86R-250 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. (PETER H. SCHULER) The City Council of the City of Anaheim does hereby resolve and determine, by a vote of not less than two-thirds of its members, as follows: SECTION I. That the public interest and necessity require the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit: road and public utility purposes. SECTION II. The City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to Government Code Section 37350.5; and SECTION III. The City Council of the City of Anaheim finds and determines that: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the great- est public good and the le~st private injury. C. The hereinafter described real property, or interest in real property, is necessary for the proposed project. D. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. SECTION IV. That the City of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for said road and public utility purposes in accordance with the provisions of the Code of Civil Procedure and the Constitution of California relating to eminent domain, the fee title to the following described real property, unless a lesser estate is expressly described. The said real property or interest in real property in generally located and specifically described on Exhibit A, attached hereto and incorporated by reference herein. -1- ....:~...- -_.....:.-.... ...c.~..-:... ..~~~....""~~........:............--,....,~ SECTION V. In the event that any real property, or interest in real property, as described in Section IV, 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. SECTION VI. In the event that any real property, or interest in real property, as described in Section IV 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. SECTION VII. The law firm of Oliver, Stoever & Laskin, 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 prepare 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 this 3rd day of June, 1986. ATTEST: ~~7t ~ CITY CLERK OF THE CITY OF ANAHEIM -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) S8. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-250 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of June, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JtRO TI. AND I FURTHER certify that the Mayo~of the City of Anaheim signed said Resolution No. 86R-250 on the 3rd day of June, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of June, 1986. ~&L'?{ ~ 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. 86R-250 duly passed and adopted by the Anaheim City Council on June 3, 1986. ~a ?1~ CITY CLERK ........... 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EXHIBIT A That portion of Lot 1 in Block A of Heimann and George's addition to Anaheim, in the City of Anaheim, County of Orange, State of California as shown on a Map recorded in Book 2, page 249 of Miscellaneous records of Los Angeles County, in the office of the County recorder of said Orange County, described as follows: Beginning at a point on the easterly line of Los Angeles Street, as it existed on June 28, 1973, said point being 100.00 feet southerly of the northerly line of said Lot 1; thence Northerly along said easterly line, 100.00 feet to said northerly line; thence Easterly along said northerly line, 119.50 feet to a point 112.00 feet, measured along said northerly line, west of the west line of Hermine Street (now known as Claudina Street), as shown on said map: thence at right angles southerly and parallel with said easterly line, 100.00 feet; thence at right angles westerly and parallel with said northerly line, 119.50 feet" to the point of beginning. 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