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
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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.
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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
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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)
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