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93-022 RESOLUTION NO. 93R - 22 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. (RW 6000-1, 2, & 3 Melugin, et al.) 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 Government Code Section 37350.5. 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 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 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, 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 City Attorney is authorized to assign such work to such other attorneys as the city Attorney may deem appropriate. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 26th day of January, 1993. ' YO~ CITY -~OF NAH ~ MA OF THE EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES R412REAL.10 011393 -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. 93R-22 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of January, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-22 on the 27th day of January, 1993. ~'~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of January, 1993. 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. 93R-22 was duly passed and adopted by the City Council of the City of Anaheim on January 26, 1993. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" Those portions of Lot 3 of Tract No. 71, as per map recorded in Book 10, page 22 of Miscellaneous Maps, in the office of the County Recorder of Orange County described as follows: Commencing at the centerline intersection of State College Boulevard and Orangewood Avenue; thence N 0© 09' 20" W, 195.00 feet; thence N 89° 59' 00" E, 53.00 feet to the True Point of Beginning; thence continuing N 89° 59' 00" E, 19.00 feet; thence S 0° 09' 20" E, 105.06 feet; thence S 45° 05' 10" E, 35.31 feet; thence N 89° 59' 00" E, 106.73 feet; thence S 0O 09' 20" E, 20 feet; thence S 89° 59' 00" W, 125.73 feet to a point, being the beginning of a tangent curve concave Northeasterly having a radius of 25.00 feet a radial line to said point bears N 0° 01' 00" W; thence along said curve Westerly, Northwesterly and Northerly thru a central an~le of 89© 51' 40" an arc distance of 39.21 feet; thence N 0v 09' 20" W, 125.06 feet to the True Point of Beginning. Commencing at the centerline intersection of State College Boulevard and Orangewood Avenue; thence N 89© 59' 00" E, 203.67 feet; thence N 0° 09' 20" W, 45.00 feet to the True Point of Beginning; thence continuing N 89° 09' 20" W, 20.00 feet; thence N 89v 59' 00" E 156.36 feet to the beginning of a tangent curve concave Southerly having a radius of 1878.00 feet; thence Easterly and Southeasterly along said curve thru a central angle of 04° 33' 52" an arc distance of 150.16 feet to a point of reverse curvature, said curve concave Northerly having a radius of 1878.00 feet, a radial line to said point bears N 04° 33' 52" E; thence along said curve Southeasterly and Easterly thru a central angle of 0° 06' 43" an arc distance of 3.67 feet to a point in a curve concave Northerly, having a radius of 1878.00 feet, a radial line to said point bears S 04° 27' 09" W; thence Southeasterly and Easterly along said curve thru a central angle of 4© 28' 09" an arc distance of 146.49 feet to a point; thence N 89° 59' 00" E, 96.93 feet; thence S 0O 09' 20" E, 8.00 feet; thence S 89° 59' 00" W, 553.26 feet to the True Point of Beginning.