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RES-2009-155RESOLUTION NO. 2009- 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING PRIOR RESOLUTION NO. 2008 -205 REGARDING REAL PROPERTY LOCATED AT 3101 EAST LA PALMA AVENUE (R/WACQ2006- 00252) WHEREAS, the City is undertaking a street improvement project, entitled the "Kramer Boulevard /La Palma Avenue Intersection Improvement Project" ( "Project "); and WHEREAS, on or about November 18, 2008, City Council reviewed and passed a Resolution of Necessity authorizing acquisition of various portions of property located at 3101 East La Palma Avenue for the Project, by eminent domain, if necessary; and WHEREAS, subsequent to the passage of that Resolution, City staff attempted to negotiate further with the owner and occupants of the property, in an attempt to resolve issues raised by the proposed acquisition by negotiated transfer; and WHEREAS, tentative agreements towards this end were reached, but unfortunately could not be finalized prior to the time the City needed to move forward with actual Project construction; and WHEREAS, under the unique circumstances of this particular property's situation, the City was able to modify the proposed Project design to eliminate any need for placing public improvements on the property that was proposed to be acquired; and WHEREAS, the City has now determined that the Project can and will go forward without acquisition of the property described in Resolution No. 2008 -205, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, California, that the City Council does hereby find, determine, and declare as follows: SECTION I . Resolution No. 2008 -205, reviewed and passed on November 18, 2008, is hereby rescinded in its entirety. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this22ndday of September , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTES : CITY ftERK OF THE CI 1Y OF ANAHEIM CITY OF HEIM BY MAYOR OF THE C Y F ANAHEIM