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ARA1978-067RESOLUTION ARn78— 67 A PHI-SOLUTION OF TIfE AMAHETM REDEVELOPMENT AGENCY FINDING AND DETF,RMINING THE PUBLIC INTEREST AND NECESSITY I'OIi ACQUIRING AND AUTHORIZING THEI CONDEMNATION OP CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA, (BIMAT) 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 2 Health and Safety Code), including, but without limitation, Health and Safety Code Section 33391(b). SECTION 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: 130 -134 West Lincoln Avenue, Anaheim The said real property or interest in real property is more specifically described as follows: Lot thirty -four (34) of the original town of Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 4, pages 629 and 630 of Deeds, Records of Los Angeles County, California. EXCEPTING therefrom the west 43 feet. Also excepting the following: Beginning at the north- east corner of said lot; running thence southerly along the easterly line thereof 93 feet; thence westerly 1.45 feet; thence northerly and parallel with the said east- erly line 93 feet to the north line of said lot; thence easterly along the north line 1.45 feet to the point of beginning. Also excepting a strip 9 feet wide along the southerly line of said lot, conveyed to the City of Anaheim for alley purposes and a strip 8 feet wide along the north line used for sidewalk purposes. Together with all of the grantors right, titles 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. -2- SECTION 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 6th day of June , 197 8. ro ANAHEIM REDEVELOPMENT AGENCY 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. ARA7847 was passed and adopted at ,a regular meeting.of the Anaheim Redevelopment Agency held on the 6th day of June, 1978, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour 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 6th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of June, 1978. SECRETXRY OF THE.ANAAIM REDEVELOPMENT AGENCY (SEAL)