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93-104 RESOLUTION NO. 93R - 104 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 6000-9 - Sangster, Trustee) 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 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 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 & Voss, 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 15th day of June, 1993. MAY AHEIM iii~C~K~OFT~HE CITY OF ANAHEIM -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-104 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of June, 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-104 on the 16th day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affi:~ed the official seal of the City of Anaheim this 16th day of June, 1993. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoin~j is the original of Resolution No. 93R-104 was duly passed and adopted by the City Council of the City of Anaheim on June 15, 1993. CITY CLERK OF THE CITY OF ANAHEIM R/W NO. 6000-09 LEGAL DESCRIPTION EAST SIDE OF STATE COLLEGE BOULEVARD. AN EASEMENT IN FAVOR OF THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOP~IA FOR ROAD, PUBLIC UTILITY AND INCIDENTAL PURPOSES. THAT PORTION OF LOT 2 OF TRACT NO. 71 AS SHOWN ON A MAP RECORDED IN BOOK 10,~PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF STATE COLLEGE BOULEVARD, AS SHOWN IN BOOK 3, PAGE 12 OF PARCEL MAPS IN RECORDS OF ORANGE COUNTY CALIFORNIA, SAID POINT BEING ON CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 85 DEGREES 24 MINUTES 30 SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 DEGREES 48 MINUTES 16 SECONDS AN ARC DISTANCE OF 100.62 FEET TO A POINT ON REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTHq 80 DEGREES 36 MINUTES 14 MINUTES WEST; THENCE SOUTHERLY ALONG SAID C~VE THROUGH A CENTRALANGLE OF 03 DEGREES 35 MINUTES 52 SECONDS AN ARC DISTANCE OF 75.35 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 84 MINUTES 12 SECONDS 26" EAST; THENCE, HAVING SAID CENTERLINE, SOUTH 84 ~EGREES 12 MINUTES 26 SECONDS EAST 53.00 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF SAID STATE COLLEGE BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A CURVE CONCAVeEASTERLY, HAVING A RADIUS OF 1147.00 FEET; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 05 DEGREES 00 MINUTES 19 SECONDS AN ARC DISTANCE OF 100.20 FEET TO A POINT, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89 DEGREES 12 MINUTES 25 SECONDS WEST; THENCE NORTH 89 DEGREES 59 MINUTES 00 SECONDS EAST, 28.44 FEET ALONG SOUTHERLY LINE OF PARCEL 2 RECORDED IN BOOK 3 PAGE 12~OF PARCEL MAP RECORDED IN ORANGE COUNTY, TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A HADIUS OF 4933.50 FEET, A RADIAL LINE PASSING THROUGH SAID POINT SOUTH 88 DEGREES 23 MINUTES 42 SECONDS WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREES 20 MINUTES 06 SECONDS AN ARC DISTANCE OF 28.85 FEET, THENCE NORTH 88 DEGREES 03 MINUTES 36 SECONDS WEST 6 FEET TO A POINT ON A CURVE HAVING RADIUS 4939.50 FEET CONCAVE EASTERLY, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 88 DEGREES 03 MINUTES 36 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREES 49 MINUTES 26 SECONDS AN ARC DISTANCE OF 71.03 FEET TO A POINT ON NORTHWEST LINE OF PARCEL 2, RECORDED IN BOOK 3 PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE CO~TY, CALIFORNIA, A RADIAL LINE PASSING THROUGH SAID PINT BEARS NORTH 87 DEGREES 14 MINUTES 10 SECONDS WEST; THENCE SOUTH 89 DEGREES 59 MINUTES O0 SECONDS WEST 20.49 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT