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ARA1978-024RESOLUTION ARA78- 24 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. (FRAHM) The Anaheim Redevelopment Agency does hereby resolve and determine, by a vote of not less than two - thirds of its members, as follows: SEC TION 1. That the public interest and necessity require the acquisTtion of the hereinafter described real property, or interest in real property, for 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). 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 redevelooment 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: 138 West Lincoln Avenue, Anaheim, California 140 West Lincoln Avenue, Anaheim, California The said real property or interest in real property is more specifically described as follows: PARCEL 1. That portion of Original House Lot 34, in the City of Anaheim, County of Orange, State of California, as shown on a map of Anaheim, recorded in Book 4, Pages 629 to 630 of Deeds, Records of Los Angeles County, California, described as follows: Beginning at the northwesterly corner of said Lot 34; thence easterly 43.00 feet along the northerly boundary of said lot; thence southerly 180.00 feet parallel with the westerly boundary of said lot to the southerly boundary thereof; thence westerly 43.00 feet along said southerly boundary to the southwesterly corner thereof; thence northerly 180.00 feet along said westerly boundary to the point of beginning. Except the interest of the City of Anaheim, in the southerly 9 feet for public alley purposes, as granted in deed December 15, 1908 in Book 160, Page 306 of Deeds. 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. That portion of Original House Lot 35, in the City of Anaheim, County of Orange, State of California, as shown on a map of Anaheim, recorded in Book 4, Pages 629 to 630 of Deeds, records of Los Angeles County, California, desc ibed as follows: Beginning at the northeasterly corner of said Lot 35, thence westerly 10 inches along the northerly line of said Lot 35; thence southerly 180.00 feet parallel with the easterly line of said Lot 35 to the southerly boundary thereof; thence easterly 10 inches parallel with the northerly line of said Lot 35 to the southeasterly corner thereof thence northerly 180.00 feet along said easterly line to the point of beginning. Except the interest of the City of Anaheim, in the southerly 9 feet for public alley purposes, as granted in deed December 15, 1908 in Book 160, Page 306 of Deeds. 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. -3- SECTION IV. In the event that any real property, or interest n 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 day of Fahruary , 197 8. 0 C A RMA ANAHEIM REDEVELOPMENT AGENCY ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY MES: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. ARA78 -24 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 21st day of February, 1978, 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 21st day of February, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21st day of February, 1978. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) 0 T 3% 4 0 A j" AIHIE. NA 0 1 R. C) I N A L H 0 U -S E L. 0 T R 0 E 60 ir: R H L. L S U B 1 1D N LINCOLN AV E. 0. 63 Zo.lf5 24 93T I I i K 0 E ER HA L L I I � U F3 D 1`1 . �' � � ,� I 79 .59 2S 96 -A Irlo. rs r 2.�,' 2-) 4,j 24' j- - : q , 9 P — 41;�ll 39 E 8 ! i 140, 2�5' 2 CHESTNUT S T. c land, uji is LO W ill fl