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ARA1977-080RESOLUTION ARA77- 80 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (SHAB) The Anaheim Redevelopment Agency does hereby resolve and determine, by a vote of not less than two- thirds of its members, as follows: SECTION 1 . 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: For the elimination of blight and for redevelopment purposes in connection with the City of Anaheim redevelopment project ALPHA as recorded in Book 10812, Page 27 of Orange County Records, State of California. The Agency is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to the Community Redevelopment Law of the State of California (Part 1 of Divi- sion 24, Health and Safety Code), including, but without limitation, Health and Safety Code Section 33391(b). SECTIO II . The Anaheim Redevelopment Agency finds and determines that: 1. The public interest and necessity require the proposed project. 2. 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. 3. The hereinafter described real property, or interest in real property, is necessary for the proposed project. SECTION III That the Anaheim Redevelopment Agency is hereby authorized and empowered to acquire by condemnation in the name of the Anaheim Redevelopment Agency to be used for said elimination of blight and for redevelopment purposes in accordance with the provisions of the Code of Civil Procedure, the Health and Safety Code, 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, excepting and reserving to the owners thereof all oil, gas and mineral substances, together with -1- the right to explore for and extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the City of Anaheim redevelopment project ALPHA as recorded in Book 10812, Page 27, of Orange County Records, State of California and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof. The said real property or interest in real property is generally located and described as follows: 1o0 -1d4 West Lincoln Avenue, Anaheim 174 West Lincoln Avenue, Anaheim 166, 168 and 170 West Lincoln Avenue, Anaheim 158 West Lincoln Avenue, Anaheim The Baia real property or interest in real property is more specifically described as follows: PARCEL 1. Lot 4 of the Kroeger Hall Subdivision, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 7, Page 11 of Miscellaneous Maps, in the office of the County Recorder of said county. Together with all of the Grantors Right, Title and Interest in and to that portion of the southerly one half of Lincoln Avenue adjoining that would pass with a conveyance of said land. PARCEL 2 The easterly 40.00 feet of Lot 36 of Anaheim Original Town Lots, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 4, Pages 629 and 630 of Deeds, in the office of the County Recorder of Los Angeles County, California. Except the interest in the southerly 9.00 feet thereof conveyed to the City of Anaheim for r-- use as a public alley by deed recorded December 15, 1908, in Book 160 Page 309, of Deeds of said Orange County. -2- Together with all of the Grantors Right, Title and Interest in and to that portion of the southerly one half of Lincoln Avenue adjoining that would pass with a conveyance of said land. PARCEL 3 Lot 36 of the Original House Lots, in the City of Anaheim, County of Orange, State of.California, as shown on a map of Anaheim recorded in Book 4, Pages 629 and 630 of Deeds, in the office of the County Recorder of Los Angeles County, California. Except therefrom the southerly 31.50 feet. Also except the easterly 40.00 feet measured along the northerly line of said lot. Also except the westerly 69.86 feet measured along the northerly line of said lot. Also except the northerly 53.00 feet of the southerly 84.50 feet of the westerly 74.59 feet. Together with all of the Grantors Right, Title and Interest in and to that portion of the southerly one half of Lincoln Avenue adjoining that would pass with a conveyance of said land. PARCEL 4 That portion of Lot 36 of Original Town Lots, in the City of Anaheim, County of Orange, State of California, as described and shown on the map of the town of Anaheim, in Book It, Pages 629 and 630 of Deeds in the office of the County Recorder of Los Angeles County California, described as follows: Beginning at the northwesterly corner of said Lot 36; thence southerly 150.00 feet along the westerly line of said lot; thence easter- ly 74.59 feet parallel with the southerly line of said lot; thence northerly 5;.00 feet parallel with the easterly line of said lot;' thence westerly 4.74 feet parallel with the southerly line of said lot; thence northerly 97.00 feet parallel with the easterly line of said lot to a point in the northerly line of said lot that is easterly 69.83 feet from -3- said northwest corner; thence westerly 69.98 feet along said northerly line to the point of beginning. Together with all of the Grantors Right, Title r w and Interest in and to that portion of the southerly one half of Lincoln Avenue adjoining that would pass with a conveyance of said land. SECTION IV . In the event that any real proerty, or interest in real property, as described in Section , constitutes a part only of a larger parcel of property, the Agency is hereby authorized to acquire by eminent domain bursuant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SECTION V . The law firm of Oliver, Stoever & Laskin, special attorneys for the Agency, and William P. Hopkins, General Counsel, are hereby authorized to prepare and prosecute in the name of the Agency, 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 Agency the said real property. Said attorneys are specifically authorized to take whatever steps and /or procedures are avail- able to them under the Eminent Domain Law of the State of California (Health and Safety Code, Title 7, Chapters 1 -12, Sections 1230.010 - 1273.050). THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 4th day of October 1977. y CHAM MAN ANAIEE REDEVELOPT_AENT AGENCY ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY IMES:jh -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA77 -80 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 4th day of.October, 1977, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES:. AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 4th day of October., 1977. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of October, 1977. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) Z_aogoaaia•oaxa