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86R-039 RESOLUTION NO. 86R- 039 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. (NORTHWEST CORNER BROADWAY AND HARBOR BOULEVARD - ROGER AND BARBARA PANNIER) 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: widening and improvement of the intersection of Harbor and Broadway. SECTION II. The City of Anaheim is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to: A. Government Code Section 37350.5: and B. Streets and Highways Code Section 4090. SECTION III. The City Council of the City of Anaheim finds and determlnes that: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the great- est 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 intersection improvement 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 in generally located and specifically described on Exhibit A, attached hereto and incorporated by reference herein. -l- 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 1240.4l0 any "remnant(s)" as defined in said section. SECTION VII. The law firm of Oliver, Stoever & Laskin, 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 Ci ty Counci 1 of the Ci ty of Anaheim thi s 28th day of January, 1986. ANAHEIH MAYO ATTEST ~; ~'L ~~ CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 4583M 010386 -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-039 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of January, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-039 on the 28th day of January, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of January, 1986. ~~?C~ 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. 86R-039 duly passed and adopted by the Anaheim City Council on January 28, 1986. ~JL~ CITY CLERK EXHIBIT A An easement for road and public utility purposes over, under and across those portions of Lots I, 2 & 3 in Block 2 of the Enterprise Tract, as shown on a Map recorded in Book 4, page 89 of Miscellaneous Maps, records of said Orange County, included within the following described parcel of land: Beginning at the intersection of the Southerly line of said Block 2 and a line parallel with and 45.00 feet Westerly of the centerline of Harbor Boulevard (formerly Palm Street) as shown on said tract; thence along said Southerly line S 750 25' 35" W, 24.94 feet to a point of cusp with a tangent curve concave Northwesterly and having a radius of 25.00 feet; said curve being described in the Easement Deed to the City of Anaheim as recorded August 15, 1969 in Book 9052, page 644 of Official Records, said point also being the True Point of Beginning; thence Northeasterly 20.63 feet along said curve through a central angle of 470 16' 12" to a non-tangent curve concave Northwesterly and having a radius of 15.00 feet, a radial bearing of last said curve to said point bears S 480 30' 57" E; thence Southwesterly 8.51 feet along said curve through a central angle of 320 301 20"; thence S 730 59' 23" W, 218.77 feet to said Southerly line of Block 2; thence along said Southerly line N 750 251 35" E, 208.34 feet to the true point of beginning.