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ARA1987-002RESOLUTION ARA$7 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. (LOS ANGELES AND SALT LAKE RAILROAD 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 ni rem 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 ursuant 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 6th day of January, 1987. ChAiKMAN ANAHEIM REDEVELOPMENT AGENCY ATTEST SECRETARY ANAHEIM REDEVELOPMENT AGENCY MES:fm 1578L/121586 -2- 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. ARA87 -2 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. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) EXHIBIT A LEGAL DESCRIPTION PARCEL A (Bi1P5A) PARCEL 1 That portion of Lots 25 through 29 inclusive of Block 2 of the Santa Fe Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 2i Page 49 of Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the southeast corner of said Lot 25; thence northerly along the easterly lines of said Lots 25 through 29 inclusive to the northeasterly corner of said Lot 29; thence westerly 31.78 feet along the northerly line of said Lot 29 to a point on a curve concave westerly and 'having a radius of 451.38 feet; thence southerly 30.64 feet along said curve, southerly 25.52 feet along a tangent to said curve, southerly 67.22 feet along a tangent curve concave easterly and 'having a radius of 471.38 feet, and southerly 2.26 feet along a tangent to said last mentioned curve to a point on the southerly line of said Lot 25, distant easterly thereon 66.48 feet from the southwest corner of said Lot 25, thence easterly along said southerly line to the point of beginning. PARCEL 2 Together with that portion of Atchison Street adjoining Parcel 1 on the East and that portion of Chartres Street adjoining Parcel 1 on the South that would pass with a conveyance of Parcel 1. PARCEL B (B11,P6) PARCEL 1 Lots 25 through 37, inclusive, of Block 3 of the Santa Fe Tract of Anaheim, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 21 Page 49 of Miscellaneous Records of Los Angeles County, California. PARCEL 2 Together with those portions of Chartres Street adjoining Parcel 1 on the North, Atchison Street adjoining Parcel 1 on the East and Lincoln Avenue adjoining Parcel 1 on the South, that would pass with a conveyance of said Parcel 1. - 1 - PARCEL C (B24,P4): PARCEL 1 Lots 47 and 48 in Block "C" of the Hotel Del Campo Tract, City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 24 Pages 69 and 70 of Miscellaneous Records of Los Angeles County, California. EXCEPT that portion of Lot 47 conveyed to the City of Anaheim for public sidewalk purposes by deed recorded June 8, 1908 in Book 158 Page 267 of Deeds, Records of Orange County. PARCEL 2 Together with those portions of Lincoln Avenue adjoining Parcel 1 on the North, Atchison Street on the East and that portion of the unnamed alley adjoining Parcel 1 on the South, that would pass with a conveyance of said Parcel i. PARCEL D (B24, P8- Portion): PARCEL 2 Lots 25 through 28, inclusive, in Block "C" of the "Hotel Del Camp Tract ", in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 24, Pages 69 and 70 of Miscellaneous Records of Los Angeles County, California. EXCEPT that portion lying westerly of a line, parallel with and 58.95 feet westerly, measured at right angles from the center line of Atchison Street (formerly Orange Street) as said Atchison Street now exists 60 feet in width. PARCEL 3 Together with that portion of Atchison Street adjoining Parcel 2 on the East and that portion of the unnamed alley adjoining Parcel 2 on the South that would pass with a conveyance of said Parcel 2. PARCEL E (B24P9) PARCEL 1 That portion of Lot 10 in Block C of the Hotel Del Campo Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 24 Pages 69 and 70 of Miscellaneous Records of Los Angeles County, California, that lies easterly of a line parallel with and distant westerly 44.88 feet, measured at right angles, from the center line of Atchison Street (formerly Orange Street), as said street is shown on said Map. - 2 - PARCEL 2 Together with those portions of Atchison Street adjoining Parcel i on the East, that portion of Broadway on the South and that portion of the unnamed alley adjoining Parcel 1 on the North, that would pass with a conveyance of said Parcel PARCEL F (037- 114 -04) Lots 47 and 48 in Block "F" of the "Hotel Del Campo Tract ", in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 24 Pages 69 and 70 of Miscellaneous Records of Los Angeles County, California. EXCEPT 'THEREFROM the easterly 1.75 feet of Lot 47, as described in the deed to the City of Anaheim for the widening of South Atchison Street, recorded September 29, 1913, in Book 242 Page 247 of Deeds, Records of Orange County. 0932P - 3 -