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ARA1987-001RESOLUTION ARA67 -1 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. (708 E. LINCOLN AVENUE - THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY) The Anaheim Redevelopment Agency does hereby resolve and determine, by a vote of not less than two - thirds of its members, as follows: SECTION 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. 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. 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 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 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 real property, or interest in real property, as described in Section III, consti -tutes 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. SECT ION 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 is approved and adopted by the Anaheim Redevelopment Agency this 6th day of January, 1987. CHAIKMAII ANAHEIM REDEVELOPMENT AGENCY ATTEST: r SECRETARY ANAHEIM REDEVELOPMENT AGENCY MES:fm 1579L/121586 -2- STATE OF CALIERNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I. LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA87 -1 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 6th day of January, 1987, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Pickler, Hunter, Kaywood, and Bay NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None VACANCY: One AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 6th day of January, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of January, 1986. VA NINI (SEAL) EXHIBIT A THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 THAT PORTION OF VINEYARD LOT E -2, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 and 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, LYING EASTERLY OF ATCHISON STREET, SHOWN AS ORANGE STREET, 50.00 FEET WIDE, ON A MAP OF THE HOTEL DEL CAMP TRACT RECORDED IN BOOK 24, PAGE 69 OF MISCELLANEOUS RECORDS OF SAID LOS ANGELES COUNTY. EXCEPTING THEREFROM THAT PORTION CONVEYED TO E.A. SILZLE CORPORATION BY PARCEL 2 OF DEED RECORDED NOVEMBER 23, 1955, IN BOOK 3292, PAGE 156 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO SILZLE PROPERTIES, INCORPORATED, BY DEED RECORDED JUNE 2, 1972 IN BOOK 10153, PAGE 994 OF SAID OFFICIAL RECORDS. PARCEL 2 TOGETHER WITH THAT PORTION OF LINCOLN AVENUE ADJOINING PARCEL 1 ON THE NORTH AND THAT PORTION OF ATCHISON STREET ADJOINING PARCEL 1 ON THE WEST THAT WOULD PASS WITH A CONVEYANCE OF SAID PARCEL 1. 0990P