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1979-281ESOLUTION NO. 79R -281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMAATICN OF CERTAIN REAL PROPERTY. (BANK OF AMERICA N.T. S.A.) 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 re- quire the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit, public road and utility purposes. 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, Section 40404 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 and 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 to be used for public road and utility Pur- poses 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 in Exhibit "A" attached hereto. SECTION IV. If, and to the extent that the real prop- erty, or interest in real property, is presently appropriated to public use, the City of Anaheim seeks to acauire said real prop- erty, 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, consti- tutes a part only of a larger parcel of property, the City of Anaheim is hereby authorized to acquire by eminent domain pursu- ant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. -1- 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 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). THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of May, 1979. ATTEST: CITY LERK OF THE 'ITY OF ANAHEIM MES:fm STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) C I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -281 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of May, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, 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 -281 on the 15th day of May, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of May,•1979. ITY'C RK OF THE CITY 1 AHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -281 duly passed and adopted by the Anaheim City Council on May 15, 1979. EXHIBIT t"A"r Lots 1 and 2 in Block N of the Center Tract, as shown on a map recorded in Book 14, Page 13, of Miscellaneous Records, in the Office of the County Recorder of Los Angeles County.