91-110 RESOLUTION NO. 91R~10
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. (Scarbrough Trusts)
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: public parking.
SECTION II. The city of Anaheim is authorized to
acquire the hereinafter described real property, or interest in
real property, pursuant to:
Government Code Sections 37350.5, 37351, 37352, and
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 great-
est 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 public parking 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 9th day of April, 1991.
~TTEST:
CITY CLERK OF THE CITY OF ~N~HEIM
~ 9 CONDEMN o 161
030691
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the city of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-110 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 9th day of
April, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
ReBolution No. 91R-110 on the 10th day of April, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this loth day of April, 1991.
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. 91R-110, duly passed and
adopted by the City Council of the City of Anaheim on April 9, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
LEGAL DESCRIPTION
All that certain real property in the City of Anaheim~ County of Orange,' State of
/California, being that portion of Lot W of the Van De Graaff Tract, per map recorded
~'~ in Book 4, Page 440 of Miscellaneous Records of Los Angeles County, California,
described as follows:
Beg'tuning at the intersection of the most Easterly line of the land described in the
deed to Grace Amanda Scarbrough, recorded November 16, 1984, as Document No.
84478088 of Official Records, in the office of the County Recorder of said Co.unty,
with the Southerly line of the Southern Pacific Railroad right-of-way 50.00 feet wide;
thence, along said Southerly line, South 89° 45' 13" West, 81.18 feet to the Northeast-
erly prolongation of a 5-fo0t high cbalnllnk fence; thence along said Northeasterly
prolongation and said fence and the Southwesterly prolongation thereof South 18° 14'
18" West, 1207.48 feet to the Southerly line of the land described in said deed to
Scarbrough; thence along said Southerly line and said Easterly line South 89° 30' 25"
East, 83.11 feet and North 18° 08' 09" East, 1207.88 feet to the Point of Beginning.
Containing an area of 2.165 acres, more or less.
03/11/91 '
04393/014/3000
EXP. 9-30-93
Exhibit A