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1979-109RESOLUTION NO. 79R 109 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. 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, convention center and stadium uses together with related incidental uses. The City is authorized to acquire the hereinafter described real property, or interest in real property pursuant to the Government Code of the State of California, including, but without limitation, Sections 37350.5, 37351 and 54061 of said Government Code. SECTION II. The City Council of the City of Anaheim finds and determines that: 1. The public interest and necessity require the proposed project. 2. 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. 3. The hereinafter described real property, or interest in real property, is necessary for the proposed project. SECTION III. That the City of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim for convention center and stadium uses together with related incidental uses, to be used in accordance with applicable laws of the State of California and the Charter of the City of Anaheim, the real property as described as follows: The North one -half of the North one -half of the Southwest one quarter of the Northwest one quarter of Section 27, Township 4 South, Range 10 West, partly in the Rancho San Juan Cajon de Santa Ana, and partly in the Rancho Las Bolsas, as shown on a Map recorded in book 51, page 10 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the East 300 feet. The South half of the North half of the Southwest quarter of the Northwest quarter of Section 27, Township 4 South, Range 10 West, partly in the Rancho San Juan Cajon de Santa Ana °.and partly in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the East 300.00 feet thereof. Excepting therefrom all oil, gas and other hydrocarbon substances below a depth of 500 feet measured vertically below the surface of said land without the right of surface entry at any time upon the surface of said land or within the top 500 feet thereof for the purpose of drilling for and producing said substances. SECTION IV. If, and to the extent that the real property, or interest in real property, is presently appropriated to public use, the City of Anaheim seeks to acquire said real property, or interest in real property, pursuant to Section 1240.610 of the Code of Civil Procedure. SECTION V. In the event that any real property, or interest in real property, as described in Section III, 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 VI. The law firm of Oliver, Stoever Laskin, special attorneys for the City of Anaheim, and William P. Hopkins, City Attorney, are hereby authorized to prepare and prosecute in the name of the City of Anaheim, 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, Sections 1230.010 1273.050). -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of February 1979. ATTEST: C'tT�K OF T CITY OF ANAHEIM YO OF THE CI:? 0 ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -109 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of February, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -109 on the 20th day of February, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of February, 1979. (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -109 duly passed and adopted by the Anaheim City Council on February 20, 1979.