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90-128 RESOLUTION NO. 90R-128 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. (BOCCACCIO - CONDEMNBE) The City Council of the City of Anaheim 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. That 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 greatest public good and the least 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 is generally located and specifically described on Exhibit A, attached hereto and incorporated by reference herein. 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, Barr ~ Voss, 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 24th day o£ April, 1990 M~~f ~ i~F AN~'~iAH E i ATTEST: CITY CLERK OF THE CITY OF~AHEIM MES:kh 3603L 040490 -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of An~etm, do hereby certi~ Mat the foregoing Resolution No. 90R-128 was introduced and adopted at a regular meeting provided by law, of ~e City Council of Me City of Anaheim held on the 24M d~ of ~ril, 1990, by the following vote of Me members ~ereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I ~RTHER certi~ that the M~or of Me City of Anaheim signed said Resolution No. 90R-128 on Me 25th day of ~ril, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~e seal of the City of Anaheim Mis 25th day of ~ril, 1990. ASSISTANT CITY CLEm~ or CITY 0r ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-128, duly passed and adopted by the Anaheim City Council on April 24, 1990. ASSISTANT CITY CLERK CITY OF ANAHEIM EXHIBIT "A" LEGAL DESCRIPTION A portion of that certain parcel of real property located in the City of Anaheim, County of Orange, State of California required for a road and public utility easement on, over, under, across and through the Southerly 62 feet of Original Building Lot 5, as shown on a map of said City of Anaheim, recorded in Book 4, pages 629 and 630 of Deeds, Records of Los Angeles County, lying Easterly of the following described line; Beginning at a point on the Northerly line of the Southerly 62.00 feet of said Lot 5, said point being distant 47.00 feet Westerly, measured at right angles, from the existing centerline of Anaheim Boulevard (formerly Los Angeles Street), said existing centerline being a line parallel with and equidistant from the Easterly and Westerly lines of said Anaheim Boulevard (Los Angeles Street), shown as 49.50 feet wide on said map of Anaheim. Thence South 15© 30'00" East parallel with said centerline a distance of 47.00 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 15.00 feet; thence Southerly, Southwesterly and Westerly along said curve through a central angle of 90© 00'00" an arc length of 23.56 feet to a tangent point of cusp, said point of cusp being on the Southerly line of said Southerly 62.00 feet of said Lot 5, said Southerly line also being the Northerly line of Adele Street, and said point of cusp also being the terminus of this description. R/W 3500-4