92-103 RESOLUTION NO. 92R-103
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. (Waters-RW
4774)
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:
A. Government Code Section 37350.5; and
B. Government Code Section 37353.
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 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 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.
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 &
Vose, 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 19th day of May _.,
1992.
~¥OR OF THE CITY OF ANA I~/
ATTE~
SJM:dnl
RRW4774.17
051192
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C~TY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-103
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th
day of May, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-103 on the 20th
day of May, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th
day of May, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL City ~lerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Resolution No. g2R-103 duly passed and adopted by the City Council of the City of Anaheim on May 19, 1992.
CITY CLERK OF THE CITY OF AN~,HEIM
Legal Description
Those portions of the Southwest Quarter of the Southeast
Quarter of Section 13, Township 4 South, Range 10 West, in
the Rancho San Juan Cajon De Santa Ana, as shown on a Map
recorded in Book 51, page 10 of Miscellaneous Maps, records
of Orange County, California described as follows:
Parcel 1
The Northerly 2.0 feet of the Easterly 74.25 feet of Parcel 4
of State Relinquishment Request No. 940, recorded March 5,
1975 as Document No. 2571 in Book 11351, page 1622 of
official Records.
Parcel 2
The Northerly 2.0 feet of Segment 1 of State Relinquishment
Request No. 1077, recorded October 30, 1984 as Document No.
84-446412 of official Records.
NO SCALE
THE BEARING S69'03'23"E FOR THE CENTERLiNE
OF BALL ROAD AS SHOIYN Oi~ STATE D[V. OF
HIGH~YA f i~fAP ~0. F- ! 663 JYAS USED AS THE
BAS£S OF BEARING FOR THL~' MAt~
EXHIBIT "A"
CITY OF ANAHEIM NORTH SIDE OF BALL ROAD
PUBLIC WORKS ~ _ ., .~ , .
E,2:LGI~NF_rERING DEPARTMENT FROH o:36 TO ~69 E/O SUNKIST ST.
PRI;~CI~.M, CIVIL ENGINEER DATE iDA'I'E.O2/26,'gDD,t'FE,02,/26/'92~ L25 ~ R/~ NO 4774-3