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87-415RESOLUTION NO. 87R-415 A RESOLUTION OF THE 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. (FUJISHIGE-STORM DRAIN) WHEREAS, the City Council finds that public interest and necessity requires the City of Anaheim to acquire certain real property interests by eminent domain proceedings for storm drain purposes. WHEREAS, certain real property hereinafter described has been and is included within the City's master plan for drainage. WHEREAS, the City Council finds that appropriate notice, as prescribed by law, has been given to those persons whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roi1 so as to give them a reasonable opportunity to appear and be heard on matters referred to in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Certain real property hereinafter described must be acquired for the public use of storm drain purposes. 2. The City of Anaheim is authorized to acquire the real property interest hereinafter described by eminent domain by Government Code Section 37350.5. 3. The real property interest to be acquired is an easement for storm drain purposes on approximately 1.89 acres of land described by a right-of-way map attached hereto showing the location of said real property. Said right-of-way map is incorporated herein by reference. 4. Public interest and necessity require a storm drain to be placed on the real property described herein. 5. The storm drain to be placed on the real property described herein is planned and located in the manner that will be most compatible with the greatest public good and least private injury. 6. The real property described herein is necessary for storm drain purposes. 7. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record of the real property described herein. 8. It is acknowledged that the real property described herein is within an agricultural preserve established pursuant to the California Land Conservation Act of 1965 (Government Code Section 51200 et seq.). The location of a storm drain on the real property described herein is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve. There is no other land within or outside the agricultural preserve on which it is reasonably feasible to locate the proposed storm drain. The City Council of the City of Anaheim, as the governmental body administering the agricultural preserve, approves and agrees to the location of a storm drain on the real property described herein and finds that such use is compatible with the agricultural preserve. 9. In the event that any real property or interest in real property as described 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. 10. In the event that any real property or interest in real property as described 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. 11. The law firm of Farano & Kieviet, 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 Crepare 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 by a vote of at least two-thirds of its members this 13tzh da~ of Og~.~ber, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST: J. ~'D ~ CITY CLERK OF TH CITY-OF ANAHEIM MES:fm 2011L 091887 -2- CLERK STATE OF CAJSIFOP, NIA ) COUNTY OF OtLANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-415 was introduced and adopted at a regular meeting provided by law, of the City Council of tRe City of Anaheim held on the 13th day of October, 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-415 on the 13th day of October, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of October, 1987. 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. 87R-415 duly passed and adopted by the Anaheim City Council on October 13, 1987. CITY CLERK OF THE CITY OF ANAHEIM