ARA1987-017RESOLUTION ARA87 -17
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. (VILLALOBOS)
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.
SECTION VI . The law firm of Oliver, Stoever, Barr 4
Einboden, 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).
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THE FOREGOING RESOLUTION
Anaheim Redevelopment Agency this
ATTEST-
SECRETARY
ANAHEIM REDEVELOPMENT AGENCY
MES:fm
1969L
081887
is approved and adopted by the
1st day of tember, 1987.
CHAIRMAN
ANAHEIM REDEVELOPMENT AGENCY
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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 -17 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 1st day of
September, 1987, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay
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 September, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1st day of
September, 1987.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
EXHIBIT A
(VILLALOBOS)
LOTS 19 AND 20 IN BLOCK 4 OF THE SANTA FE TRACT,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGE
49, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.