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88-176RESOLUTION NO. 88R-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ANAHEIM FINDING AND DETERMINING TIdE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (PALMALL PROPERTIES, INC., et al. CONDEMNEE) OF The City Council of determine, by a vote of not follows: the City of Anaheim hereby resolve and less than two-thirds of its members, as 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: Au 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. The hereinafter described real property, or interest in real property, is necessary for the proposed project. D o 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 rem 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 I¥, 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 26th day of Apr±l, 1988. MAYOR ANAHEIM CITY CLERK OF ElM MES/jd 2402L 041288 -2- STATE OF CALIFOF, NIA ) COUN%Y OF oRANGE ) ss. CITY OF ANkHE11~l i, LEONOFa~ lq. S01iL, City Clerk of tire City of A~mneim, do hereby certify that tLm ioregoing Resolution No. ~R-i70 was introduced and adopted at a regular meeti~ provided by law, of the City gouncil of the City of AnaReim hel~ on ttm Zorn day of April, 1¥~, by the ~ollowi~g vote of the members thereof: A~S: C00NCzL i,'I~MBEKS: Ehrle, Huater, Kaywood, and Bay NOES: COONCiL M~MBERS: ~qone COONCIL MEMBERS: Pickler ~qD i FURTHER certify taat the Mayor oZ the City of Anaheim signed said Reso±ution No. 8gR-170 on tae zTtn day of April, 1968. iN WITNESS WHERJtOF, i nave ~mreunto set my hand and affixed the seal of the City of Anaheim this 27tn day of April, 1985. CITY CLERK OF THE CITY OF AlqA/IEIM i, nEONOBA N. SOlid, City Clerm of the City of Anaheim, do tmreby certify that the foregoing is the original o£ Resolution No. ggR-lfb duly passed and adopted by the Anaheim City Council on April Z~, 195g. CITY CLEFd< OF THE CiTY OF kNAIIEIM EXHIBIT A That portion of Lot 28 of Anaheim Extension in the City of Anaheim, County of Orange, State of California, as shown on a Map by Wm. Hamel, a copy of which is shown in Book 3, pages 162 to 164, inclusive, of Los Angeles County Maps in the office of the County Recorder of said Orange County, described as follows: Beginning at the centerline intersection of Ball Road and Harbor Boulevard, as said centerline is shown on a Map filed in Book 120, page 5 of Parcel Maps, in the office of the County Recorder of said Orange County; thence following along the centerline of said Ball Road, N 89° 55' 35" E, 186.62 feet; thence leaving said centerline, N 0° 04' 25" W, 50.00 feet to a point on the existing Northerly right of way line of said Ball Road, said point being the True Point of Beginning; thence along said Northerly right of way line, S 89© 55' 35" W, 145.98 feet to a point on the existing Easterly right of way line of Harbor Boulevard; thence along said Easterly right of way line N 11© 16' 50" E, 44.77 feet; thence leaving said Easterly right of way line, S 78© 43' 10" E, 10.00 feet to the beginning of a curve concave Northeasterly having a radius of 25.00 feet; thence Southerly, Southeasterly and Easterly along said curve through a central angle of 101© 21' 15" an arc distance of 44.22 feet to a point on a line parallel with and 62.00 feet Northerly of the centerline of said Ball Road; thence along said parallel line, N 89° 55' 35" E, 102.85 feet; thence S 0~ 04' 25" E, 12.00 feet to the True Point of Beginning. R/W 4043-1 EXHIBIT A That portion of Parcel 1, in the City of Anaheim, County of Orange, State of California, as shown on a Map filed in Book 120, page 5 of Parcel Maps, in the office of the County Recorder of said Orange County, described as follows: Beginning at the centerline intersection of Harbor Boulevard and Ball Road, as shown on said Parcel Map; thence following along the centerline of said Ball Road N 89° 55' 35" E, 186.62 feet; thence leaving said centerline, N 0° 04' 25" W, 53.00 feet, to a point on the existing Northerly right of way line of said Ball Road, being a point on the West line of said Parcel 1, said point also being the True Point of Beginning; thence along said West line of Parcel 1, N 0° 04' 25" W, 9.00 feet to a point on a line parallel with and 62.00 feet North of the centerline of said Ball Road; thence along said parallel line, N 89° 55' 35" E, 25.00 feet to the East line of said Parcel 1; thence along said East line S 0© 04' 25" E, 9.00 feet to a point on the said existing Northerly right of way line of Ball Road; thence along said right of way line, S 89© 55' 35" W, 25.00 feet to the True Point of Beginning. R/W 4043-2 EXHIBIT A That portion of Parcel 2, in the City of Anaheim, County of Orange, State of California, as shown on a Map filed in Book 120, page 5 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Beginning at a point on the centerline of Ball Road, said point being N 89° 55' 35" E, 211.62 feet from the centerline intersection of Harbor Boulevard and Ball Road, as shown on said Parcel Map; thence N 0° 04' 25" W, 53.00 feet to a point on the existing Northerly right of way line of Ball Road, being a point on the West line of said Parcel 2, said point also being the True Point of Beginning; thence continuing N 0° 04' 25" W, 9.00 feet along the West line of said Parcel 2, to a point on a line parallel with and 62.00 feet North of the centerline of said Ball Road; thence along said parallel line, N 89© 55' 35" E, 97.16 feet to a point on the East line of said Parcel 2; thence along said East line S 16~ 01' 10" E, 9.36 feet to the existing Northerly right of way line of Ball Road; thence along said right of way line, S 89° 55' 35" W, 99.74 feet to the True Point of Beginning. R/W 4043-3 EXHIBIT A That portion of the Westerly half of Palm Street, in the City of Anahiem, County of Orange, State of California, vacated by Resolution 77R-739 of the City Council of said City of Anaheim, recorded November 29, 1977, in Book 12472, page 810 of Official Records of said Orange County, more particularly described as follows: Beginning at a point on the centerline of Ball Road, said point being N 89° 56' 01" E, 326.50 feet from the centerline intersection of Ball Road and Harbor Boulevard as shown on a Map filed in Book 120, page 5 of Parcel Maps, in the office of the County Recorder of said Orange County; thence N 16° 00' 30" W, 55.12 feet to a point on the existing NOrtherly right of way line of said Ball Road, being the True Point of Beginning; thence continuing N 16° 00' 30" W, 9.36 feet to a point on a line parallel with and 62.00 feet Northerly, as measured at right angles, of the centerline of said Ball Road; thence along said parallel line N 89° 56' 01" E, 25.74 feet to a point on the centerline of said abandoned Palm Street; thence along said centerline, S 16° 00' 30" E, 9.36 feet to the existing Northerly right of way line of Ball Road; thence along said right of way line S 89° 56' 01" W, 25.74 feet to the True Point of Beginning. R/W 4043-4A EXHIBIT A That portion of the Easterly half of Palm Street, in the City of Anaheim, County of Orange, State of California, vacated by Resolution 77R-739 of the City Council of said City of Anaheim, recorded November 29, 1977, in Book 12472, page 810 of Official Records of said Orange County more particularly described as follows: Beginning at a point on the centerline of Ball Road, said point being N 89© 56' 01" E, 352.24 feet from the intersection of Ball Road and Harbor Boulevard, as shown on a Map filed in Book 120, page 5 of Parcel Maps, in the office of the County Recorder of said Orange County; thence N 16© 00' 30" W, 55.12 feet to a point on the existing Northerly right of way line of said Ball Road, being also a point on the centerline of said abandoned Palm Street, said point being also the True Point of Beginning; thence continuing N 16° 00' 30" W, 9.36 feet to a point on a line parallel with and 62.00 feet Northerly, as measured at right angles, of the centerline of Ball Road; thence along said parallel line, N 89© 56' 01" E, 33.42 feet to a point on the Easterly right of way line of said abandoned Palm Street, being a point on a non-tangent curve concave North- easterly having a radius of 15.00 feet, a radial line to said point bears S 66© 21' 32" W; thence Southeasterly and Easterly along said curve through a central angle of 66° 25' 31" an arc distance of 17.39 feet to a point on the existing Northerly right of way line of said Ball Road, a radial to said point bears S 00© 03' 59" E; thence along said right of way line S 89© 56' 01" W, 44.59 feet to the True Point of Beginning. ~HiBiT ...... ~ R/W 4043-4B EXHIBIT A Those portions of Parcels 1 and 2 in the City of Anaheim, County of Orange, State of California, as shown on a Map filed in Book 92, pages 32 and 33 of Parcel Maps in the office of the County Recorder of said Orange County, described as follows: Parcel A: Beginning at a point on the centerline of Ball Road, said point being N 89° 56' 01" E, 15.71 feet from the centerline of Palm Street, as vacated by Resolution 77R-739 of the City Council of the City of Anaheim, recorded November 29, 1977 in Book 12472, page 810 of Official Records; thence N 0° 03' 59" W, 62.00 feet to a point of cusp with a curve concave Northwesterly having a radius of 15.00 feet said point being the True Point of Beginning, a radial line passing through said point bears S 66° 21' 32" W; thence Southeasterly and Easterly along said curve through a central angle of 66° 25' 31" an arc distance of 17.39 feet to a point on the existing Northerly right of way line of said Ball Road, a radial line passing through said point bears N 0° 03' 59" W; thence along said Northerly right of way line, N 89° 56' 01" E, 29.12 feet to the beginning of a curve concave North- erly having a radius of 200.00 feet, a radial line passing through said point bears N 7° 14' 50" W; thence Easterly along said curve through a central angle of 14© 21' 41" an arc distance of 50.13 feet to a point on a non-tangent line, a radial line passing through said point bears S 7~ 06' 51" W; thence along said line, N 62° 11' 05" E, 9.66 feet; thence N 89© 56' 01" E, 34.36 feet to a point hereafter referred to as Point "A"; thence N 0° 03' 59" W, 1.02 feet to a point on a non-tangent curve concave Southerly having a radius of 2502.25 feet, a radial line passing through said point bears S 2° 57' 18" W; thence Westerly along said curve through a central angle of 3° 01' 17" an arc distance of 131.95 feet to a point, a radial line passing through said point bears N 0° 03' 59" W; thence S 89° 56' 01" W, 3.89 feet to the True Point of Beginning. Parcel B: Beginning at the hereinabove described Point "A"; thence N 00° 03' 59" W, 1.02 feet to a point on a non-tangent curve concave Southwesterly having a radius of 2502.25 feet, a radial line passing through said point bears N 2° 57' 18" E; thence Southeasterly along said curve through a central angle of 0° 24' 55" an arc distance of 18.14 feet, a radial line passing through said point bears S 3° 22' 13" W; thence S 89° 56' 01" W, 18.11 feet to the True Point of Beginning. Parcel C: Beginning at the hereinabove described Point "A"; thence N 89© 56' 01" E, 34.35 feet; thence S 61© 59' 25" E, 2.17 feet to the beginning of a curve concave Northerly having a radius of 2502.25 feet, a radial line passing through said point bears S 2© 57' 14" W, said point also being the True Point of Beginning; thence Easterly along said curve through a central angle of 0° 29' 54" an arc distance of 21.76 feet, a radial line passing through said point bears S 2° 27' 20" W; thence S 80° 52' 50" W, 15.41 feet; thenc~v~ ~T A N 61° 59' 25" W, 7.39 feet to the True Point of Beginning.~ .......................... R/W 4043-5