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ARA1978-135RFSOLUTTON ARA78- 135 A RE-SOLUTION OF THE, A1 REDEVELOPMENT AGENCY FINDING AND DFTI;RMININC THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (MASCIEL) The Anaheim Redevelopment Agency does hereby resolve and determine, by a vote of not less than two - thirds of its members,Nas 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 ALPIIA 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 Divj.- sion 2 Health and Safety Code), including, but without limitation, Health and Safety Code Section 333.91(b). SECTI 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 pro,i ect . 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, Pape 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 senerally located and described as follows: 218 North Harbor Boulevard, Anaheim The said real property or interest in real property is more specifically described as follows: PARCEL 1: THE NORTHERLY 40 FEET OF L SUBDIVISION OF VINEYARD LO ANAHEIM, COUNTY OF ORANGE, SHOWN ON A MAP RECORDED IN CELLANEOUS RECORDS OF LOS OT 3 IN BLOCK "E", NEW T D -5, IN THE CITY OF STATE OF CALIFORNIA, AS BOOK 17 PAGE: 72 OF MIS - A1vGELES COUNTY, CALIFORNIA. PARCEL 2: THE SOUTHWESTERLY HALF OF THAT CERTAIN STRIP OF LAND 1_6.00 FEET IN WIDTH LYING BETWEEN LOTS 1 THROUGH 16 INCLUSIVE OF BLOCK "E ", NEW SUBDIVISIONN OF VINEYARD LOT D -5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED Iiv BOOK 17 PAGE 72 OF MISCELLANEOUS RECORDS, IiN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BOU NDED NORTHWESTERLY BY THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 3 AND BOUNDED SOUTHEASTERLY BY THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF THE NORTHERLY 40 FEET OF SAID LOT 3. -2- SECTI IV . In the event that any real property, or interest in real property, as described in Section III, constitutes a part only of a larger parcel of property, the Agency 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 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 (Code of Civil Procedure, Title 7, Chapters 1 -12, Sections 1230.010- 1273.050). THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 25th day of D ecember , 1970 ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY FTLa : fm -3- 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. ARA78 -135 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 26th day of December, 1978, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: AGENCY MEMBERS: None ABSTAINED: AGENCY MEMBERS: Kott ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 26th day of December, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26th day of December, 1978. SECREARY OF THE ANAHEI REDEVELOPMENT AGENCY (SEAL)