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ARA1978-009RESOLUTION ARA' 78- 9 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETER14IIJIlIG THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA .(PALMALL PROPERTIES, INC.) 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). 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 Redevelon ment 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 redevelonment project ALPHA as recorded in Pool: 10812, Page 27, of Oran ;e County Records, State of California and shall not Denetrate 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: Located at 401 West Lincoln Avenue, Anaheim, California. Said real property is more particularly described as follows: 1' L IWM That portion of Lot "D5" of the Anaheim %ineyard Lots, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 4, Pages 629 and 630, Deeds of Los Angeles County, California, described as follows: Beginning at the intersection of the westerly line of Adelaide Street (now known as Helena Street) 60.00 feet in width, as shown on a map of the new subdivision of said Lot "D5 ", recorded in Book 17, Page 72, A iscellaneous Records of Los Angeles County, California, xrrith the northerly line of the land described in a deed to the City of Anaheim recorded August 16, 1920, in Book 377, Page 162, Deeds; thence westerly 110.00 feet along said northerly.line of the land of the City of Anaheim to the easterly line of Lot 28 in Block "H" of said new subdivision of Lot "D5 "; thence northerly 141.25 feet along said easterly line of Lot 28 to the northeasterly corner of said Lot 28; thence easterly 110.00 feet along the easterly prolonga- tion of the northerly line of said Lot 28 to said westerly line of Adelaide Street; thence southerly 141.24 feet along said westerly line to the point of beginning. ': "ININ That portion of the unnamed alley adjoining Parcel 1, which would pass with a conveyance of said Parcel 1. Except all oil, petroleum, natural gas, mineral rights and other hydrocarbon substances lying below a depth of 500 vertical feet from the surface of said land for the purpose of exploring for, extracting, mining, boring, removing or marketing said substances, however, without any right of any entry upon the surface of said land, as reserved in the deed from 3 ulf Oil Corporation, recorded -2- March 2, 1972, in Book 10023, Page 474, of Official Records. -3- 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 the Anaheim Redevelopment Agency this 1978. ANAHEIM ATTEST: SECRETARY ANAHEIM REDEVELOPME -NT AGENCY approved and adopted by 24th day of January, ` 2 C 2 HAI j R (L MA ' 1 1T REDEVELOPMENT AGENCY -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 -9 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 24th day of January, 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 24th day of January, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day of January, 1978. SECRETARY OF.THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) r f •36.4 D (7 - -7 S) T' 1 Q � q y 1S I Y i�/11 ` I 1 I I I I, I ' I -% l ` f b " I sz �r-i r� Is•» I I I ` 1 I � v � v C • I r �, I I , I ice, NI 1 This is not a survey of the land, but is compiled for information only, nor i it a part of f he report or policy to which it may be attached.