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ARA1980-013RFSOLUTTON ARA 80- 13 A 1;li,)OLIJTTON OF TIII'. A[1Al1f;T I R1,DEVELOPMENT AGENCY FINDING AND DFTFRIMITIdG TIII; PUBLIC INTEREST AND NECESSITY 1013 ACQUIRING AND AUTHORIZING TIII; COND] ?PdNATION Of' CERTAIN REAL PROPERTY WITHIN THE RiD1:VELOPMENT PROJECT AREA. (ROSEMAN, TRUSTEE) The Anaheim Redevelopment Af does hereby resolve and determine, by a vote of not less than two- thirds of its members as follows: SECTIO14 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, Pane 27 of Orange County Records, State of California. The Agency is authorized to acquire the hereinafter described real pronerty, or interest in real property, pursuant to the Community Redevelopment Law of the State of California (Past 1 of Divi- sion 2. Health and Safety Code), including, but withnut limitation, Health and Safety Code Section 33391(b). SECTION II. The Anaheim Redevelopment Agencv finds and determines that: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or loc, in the manner that will be most compntihle with the greate:l puhlic good and the least private injury. 3. The hereinafter described real nronerty, 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, tins and mineral substances, together with ATTY - 43 Page 1 EXHIBIT A PARCEL 1. Lot 6 of the Resubdivision of the Northerly part of Block "A" of the Center Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 3 Page 22 of Miscellaneous Maps, in the office of the County Recorder of said county. PARCEL 2. The Southerly half of Lincoln Street (formerly Center Street) lying between the Northerly prolongations of the Easterly and Westerly lines of Lot 6 of the resub- division of the Northerly part of Block "A" of the Center Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 3 Page 22 of Miscellaneous maps, in the office of the county recorder of said county. PARCEL 3. The Northerly half of the unnamed alley, 20 feet wide, lying between the Southerly prolongations of the East- erly and Westerly lines of Lot 6 of the resubdivision of the Northerly part of Block "A" of the Center Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 3 Page 22 of Miscellaneous maps, in the office of the county recorder of said county. the right to lone for and extract nucT uhatancPF;, provider, that the surface openInF of any well, hole, shaft, or other means of explorinp for, reachinF or extractinr si)ch sutsta.nces shall not be located within the City of Anaheim redevelopment pro,iect ALPHA as recorded in Boo], 10r'l ?, Pape 27, of Orange County Records, State of California and shall not penetrate any part of portion of said project area within 500 feet of the surface thereof. The said real property or interest in real nronert.y is g-enerall,y located and specifically described on Fxhihit A, attached hereto and incorporated by reference herein. SECTION IV . In the event that any real property, or interest in real property, as described in Section ITI, is devoted to a public use, the Agency is hereby authorized to acquire by eminent domain, said property pursuant to Code of Civil Procedure Section 1240.610. SECTION V . In the evert 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 domair pursuant to Code of Civil Procedure Section 12 any "remnant(s)" as defined in said section. SECTION VI . William P. Hopkins, General Counsel, is 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 attorney to acquire for said Agency the said real property. Said attorney is specifi- cally authorized to take whatever steps and /or procedures are available 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 22nd day of JJTI�l, 1980. ANAHEIM REWELOPMENT AGENCY ATTEST: k SECRETARY 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. ARA80 -13 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 22nd day of April, 1980, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Bay, 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 22nd day of April, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of April, 1980. c?� �-x 944A�' SECRETARY OF THE ANAHEIM RLPfYEVELOPMENT AGENCY (SEAL)