ARA1986-016RESOLUTION ARA86 -16
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. (210 WEST CHESTNUT
STREET - BENNER SHEET METAL, INC.)
The Anaheim Redevelopment Agency does hereby resolve and
determine, by a vote of not less than two - thirds of its members,
as follows:
SECT I . 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 Division 24, Health and
Safety Code), including, but without limitation, Health and Safety
Code Section 33391(b).
The public use for which plaintiff seeks to acquire the
hereinafter described real property is a more necessary public use
than the public use to which any portion of said - real property may
be appropriated. Reference is made to California Code of Civil
Procedure Section 1240.610.
SECTI II . The Anaheim Redevelopment Agency finds and
determines tit :
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.
4. The offer required by Section 7267.2 of the
Government Code has been made to the owner or
owners of record.
SECTION III That the Anaheim Redevelopment Agency is
hereby aut orized 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 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 specifically described on Exhibit 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 III, 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 event that any
interest in real property, as described in
constitutes a part only of a larger parcel
is hereby authorized to acquire by eminent
of Civil Procedure Section 1240.410 any "r
said section.
real property, or
Section III,
of property, the Agency
domain pursuant to Code
emnant(s)" as defined in
SECTION VI . The law firm of Oliver, Stoever $ Laskin,
special attorneys for the Agency, and Jack L. White, 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 available 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
Anaheim Redevelopment Agency this
is approved and adopted by the
lst day of July, 1986.
Alo
CHAIRMAN
ANAHEIM REDEVELOPMENT AGENCY
ATTEST, �f
SECRETARY
ANAHEIM REDEVELOPMENT AGENCY
Aft
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby
certify that the foregoing Resolution No. ARA86 -16 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the lst day of
July, 1986, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
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 1st day of July 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1st day of July,
1986.
(SEAL)
SECRETARY OF THE
ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
EXHIBIT A
Parcel a
Lot 4 of the "Chestnut Street Subdivision, in the County of
Orange, State of California, as per map recorded in Book 6
Page 35 of Miscellaneous Maps, in the Office of the County
Recorder of said county.
Parcel 2
Together with that portion of Third Street adjoining Parcel 1
on the south and that portion of Chestnut Street adjoining
Parcel 1 on the north that would pass with a conveyance of
said Parcel 1.
MES:fm
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