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AHA-1987-014RESOLUTION AHA87 -14 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (PARK VISTA APARTMENTS) The Anaheim Housing Authority 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 interests in real property, for a public use and improvement, to wit: For the elimination of unsafe and insanitary housing and for the provision of decent, safe and sanitary housing for persons of low income. The Authority is empowered to acquire the hereinafter described real property, or interests in real property, pursuant to the Housing Authority Law of the State of California (Part 2 of Division 24, Health and Safety Code), including, but without limitation, Health and Safety Code Sections 34315(d) and 34325. The public use for which Anaheim Housing Authority 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 Housing Authority 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 Housing Authority is hereby authorized and empowered to acquire by condemnation in the name of the Anaheim Housing Authority to be used for said elimination of unsafe and insanitary housing and for the provision of decent, safe and sanitary housing for persons of low income in accordance with the provisions of the Code of Civil Procedure, the LEGAL DESCRIPTIONS (471 -03) ?.. Lot 45 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (471 -08) Lot 40 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (471 -10) Lot 38 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of ali oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (471 -15) Lot 33 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. 1 EXHIBIT "A" PAGE 1 OF 4 (472 -02) Lot 48 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 500 of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. ( 473 -06) Lot 79 of Tract No. 2242, in the City of Anaheim, as shown on a map recorded in Book 86, Pages 1S, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM SO% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (473 -07) Lot 80 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 1S, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 500 of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (473 -10) Lot 83 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 5O% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. - 2 - EXHIBIT "A" PAGE 2 OF 4 (473 -11) Lot 84 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 500 of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (473 -13) Lot 86 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous daps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 500 of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (473 -19) Lot 62 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 1S, 16 and 17, of Miscellaneous daps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 500 of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (473 -20) Lot 63 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM SO% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. - 3 - EXHIBIT "A" PAGE 3 OF 4 (474 -05) Lot 56 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (476 -07) Lot 15 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. ( 477 -06) Lot 6 of Tract No. 2242, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 86, Pages 15, 16 and 17, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. EXCEPT THEREFROM 50% of all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, from the surface of said land, but without the right of entry thereon, as reserved in deed recorded in Book 3121, Page 416, Official Records. (477 -17) Lot 6 of Tract No. 2972, in the City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 105, Page 33, Miscellaneous Maps, records of Orange County. (477 -20) Lot 2 of Tract No. 2972, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 105, Page 33 of Miscellaneous Maps, in the office of the County Recorder of Orange County. 3380P - 4 - EXHIBIT "A" PAGE 4 OF 4 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 their interests as shown of record of the oil, gas and mineral substances below the depth of 500 feet, together with the right to explore for and extract such substances, however, without the right of surface entry thereon. All of the said real property or interests in real property are 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 r� property, as described in Section III, is devoted to a public use, the Authority 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, constitutes a part only of a larger parcel of property, the Authority 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 & Einboden, specialattorneys for the Authority, and Jack L. White, General Counsel, are hereby authorized to prepare and prosecute in the name of the Authority, 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 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 Housing Authority this 13th d of 0 tober, 1987. CHAIRMAN ANAHEIM HOUSING AUTHORITY ATTE AM S CR TARY ANAHEIM HOUSING AUTHORITY JWF:fm 2023L 100187 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Housing Authority, do hereby certify that the foregoing Resolution No. AHA87 -14 was passed and adopted at a regular meeting of the Anaheim Housing Authority held on the 13th day of October, 1987, by the following vote of the members thereof: AYES: AUTHORITY MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Housing Authority signed said Resolution on the 13th day of October, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13th day of October, 1987. SECRETARY OF THE ANAHEIM HOUSING AUTHORITY (SEAL)