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RES-1989-319RESOLUTION NO. 89R-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAttEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL FROPERTY. (SCHLUND - CONDEMNEE) The City Council of the City of Anaheim 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: road and public utility purposes. SECTION II. The City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to Government Code Section 37350.5; and SECTION III. That the City Council of the City of Anaheim finds and determines that: The public interest and necessity require the proposed project. 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. C. The hereinafter described real property, or interest in real property, is necessary for the proposed project. D. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. SECTION IV. That the City of Anaheim is hereby authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for said road and public utility purposes in accordance with the provisions of the Code of Civil Procedure 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. 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 V. In the event that any real property, or interest in real property as described in Section IV, is devoted to a public use, the City of Anaheim is hereby authorized to acquire by eminent domain, said property pursuant to Code of Civil Procedure Section 1240.610. SECTION VI. In the event that any real property, or interest in real property, as described in Section IV, constitutes a part only of a larger parcel of property, the City of Anaheim 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 VII. The law firm of Oliver, Stoever, Barr & Einboden, special attorneys for the City of Anaheim, and the City Attorney are hereby authorized to prepare and prosecute in the name of the City, 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 City 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 City Council of the City of Anaheim this 25thday of July, 1989. MAYOR OF THE CITY OF ANAHEIM ATTEST: ~ CITY CLERK OF THE CI'I'¥ OF ANAHEIM MES:kh 3181L 062289 -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-319 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of July, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-319 on the 26th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of July, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R~319 duly passed and adopted by the Anaheim City Council on July 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A Easement for road and public utility purposes over, under and across that portion of the West half of the South half o£ the Northwest quarter of the Northwest quarter of Section 22, Township 4 South, Range 10 West, S.B.B.fiM., described as follows: Commencing at the Southwest corner of the West half of said South half, said point being on the centerline intersection of West Street and Winston Road; thence Northerly along the centerline of said West Street, 265 feet; thence leaving said centerline, Easterly, at right angles, 45 feet to a point on the easterly right of way line of said West Street, said point being the True Point of Beginning; thence continuing Easterly, 15.00 feet to a point on a line parallel with and 60.00 feet easterly of the centerline of said West Street; thence Southerly along said parallel line 85 feet to a point on a line parallel with and 180 feet Northerly of the south line of the West half of the South half of the Northwest quarter of said Northwest quarter; thence Westerly along said parallel line 15.00 feet to said easterly right of way line of West Street; thence Northerly along said easterly right of way line 85 feet to the True Point of Beginning.