Loading...
87-346RESOLUTION NO. 87R-346 A RESOLUTION OF 'File CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WIT}tiN THE CITY OF ANAttEIM. (CO~E LABORATORIES, INC., CONDEMNEE) The City Council of the City of Anaheim 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: fire station and related purposes. SECTION II. 1'he City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to Government Code Section 57350.5; and SECTION III. Tile 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 tile least private injury. The hereinafter described real property, or interest in real property, is necessary for tile proposed project. 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 fire station and related 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. Tile said real property or interest in real property in 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 ~o 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 lltzh day of Augu$t;~ 1987. MAYOR OF THE CITY O~ ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM MES: fm 1939L 072887 CLERK STATE OF C~kLIFORNIA ) COUNTY OF OP. ANGE ) ss. CITY OF A~]AHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-346 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of August, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-346 on the llth day of August, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of August, 1987. CITY CLERK OF THE CITY OF ANAHE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-346 duly passed and adopted by the Anaheim City Council on August 11, 1987. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, SHOWN ON A MAP RECORDED IN BOOK Si, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 9, AS SHOWN ON A MAP RECORDED IN BOOK 125, PAGES 32 TO 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND DRAINAGE PURPOSES, AS SET FORTH IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED MARCH 8, 1979 IN BOOK 13061, PAGE 337 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFDORNIA, OVER THOSE PORTIONS OF PARCELS 1, 2, 5 THROUGH 8, 10 AND 11 AS SHOWN ON A MAP RECORDED IN BOOK 125, PAGE 32 TO 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, THE LOCATION OF SAID PORTION BEING DELINEATED ON THE PLOT PLAN ATTACHED TO SAID DECLARATION AS EXHIBIT "A".