80R-052
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RESOLUTION NO. 80R-52
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A RESO~UTION OF THE CITY COUNCIL OF THE CITY
OF AN~~IM FINDING AND DETERMINING THE PUBLIC
INTERE~ AND NECESSITY FOR ACQUIRING AND
AUTHORIjZING THE CONDEMNATION OF CERTAIN REAL
PROPER'11Y.
The Ciqy Council of the City of Anaheim, does here-
by resolve and d~termine, by a vote of not less than two-thirds
of its members, ~s follows:
SECTIO I. That the public interest and necessity
require the acqu sition of the hereinafter described real
property, or int~test in real property, for a public use and
improvement, to ~it, sanitary sewer, water and public utility
uses, together w~th related incidental uses. The City is
authorized to ac~uire the hereinafter described real property
or interest in r~al property pursuant to the Government Code
of the State of ~alifornia, including, but without limitation,
Sections 37350.5, 37351 and 54061 of said Government Code.
SECTIO II. The City Council of the City of Anaheim
finds and determ nes that:
1.
The pub~ic interest and necessity require the
proposed project.
The protosed project is planned or located in
the man,er that _ill be most compatible with
the gre_test public good and the least private
inj ury.
The her~inafter described real property, or
interest in real property, is necessary for
the proposed project.
SECTIO III. That the City of Anaheim is hereby
authorized an e ~owered to acquire by condemnation in the name
of the City of Apaheim for sanitary sewer, water and public
utility uses, together with related incidental uses, to be used
in accordance wi~h applicable laws of the state of California
and the Charter of the City of Anaheim, the real property as
described as fol!l.ows:
2.
3.
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PARCEL. 1: An easement for the installation and
mainte~nce of a sanitary sewer, water and public
utilitf lines, including ingress and egress for
said .intenance, over, under and across the
south~ly 15.00 feet of Par cel 4, as shown on a
map f med in Book 68, page 49, Parcel Maps, in
the of€ice of the County Recorder of said Orange
County.
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PARCEL. 2: A temporary construction easement over,
under .nd across the northerly 20.00 feet of the
southerly 35.00 feet of said Parcel 4, said tempor-
ary construction easement to be terminated upon
the co~pletion of the installation of the sewer,
water and public utility lines described in
Parcell above, but not to exceed beyond December 30,
1980.
SEC~IOfl IV. If, and to the extent that the real
property, or lnt,rest in real property, is presently appropri-
ated to pUblic u_e, the City of Anaheim seeks to acquire said
real property, ot interest in real property, pursuant to
Section 1240.610 of the Code of Civil Procedure.
SECTIO~. In the event that any real property, or
interest in real property, as described in Section III,
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.
SECTIO~ VI. The law firm of Oliver, Stoever &
Laskin, special attorneys for the City of Anaheim, and William
P. Hopkins, City Attorney, are hereby authorized to prepare
and prosecute in the name of the City of Anaheim, such proceed-
ing or proceedings in the proper court having jurisdiction
thereof, as are necessary for such acquisition~ and to prepare
and file such plf!adings, documents, br iefs and other instruments,
and to make such'arguments and to take such aGtions 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 avail-
able to them under the Eminent Domain Law of the State of
California (Code of Civil Procedure, Sections 1230.010-1273.050).
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 5th day of
February, 1980.
ATTEST:
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CITY CLERK 0 T ITY 0 ANAHEIM
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StAT' OF ~I!WNIA )
cot.JN'ft OF oaANGE ) ss
CITY OF ANAHEIM )
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I, LflmA D. RO_TS, City~'erk of th, City of' Anaheim, do h4JreQy certify that
the ., r elO,' iJag IeSOlu, ' tiol1"...j.. ' lOR-' 5' 2 W4,. S, iii, troduced' and " a, doPt,' eel .., t, a r,esu. 1, ar
meetfPs proyUed by law, 0 . Ithe City ~il of the City of Anaheim held on
the St:h day of February, 1, by the':followina vote of the members thereof:
AYES:
COUNCIL MBKBERS: joverholt, Jf.aywood, Bay, Roth and Seymour
NOES:- COUNCIL MDmERS: ~l1e
AJlSEar: COUNCIL MIHiBRS: ~ne
I:
AND I FURTHER CERTIFY that itJhe Mayor df the City of Anaheim s,igned said
Resollttion 10. $OR-52 on t~ 5th day ctf February, 1980.
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IN WJ4lN. ESS. WHEUOF,. I have ~. reuilto S~, t DIY hand and affixed the seal of the
City 4)f Anal1ei.f this 5th ~ of FebrU4ry, 1980.
(SEAL.)
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CI.. CL . ..- C'tt 0 A1WIBIM
I. r.BDA D. ROBERTS, City i1erk of th. City of Anaheim, do hereby certify that
the tnreaoing is the or1gi~1 of Reso}ution No. 80R-52 duly passed and adopted
by the Anaheim City Counci, on February 5, 1980.
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. . 'It CLERK
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