78-269RESOLUTION ;TO. 78R -269
A RESOLUTION 0?7 THE CITY COUNCIL OF THE CITY
OF AivAII.EIM FI NDING A vD DETERP�IINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING TI_E CO ADErM' dATIO_; OF CERTAIIti REAL
PROPERTY. (Ambuehl)
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:
SECTIONI I . That the public interest and necessity re-
quire the acquisition of the hereinafter described real property,
or interest in real property, for a public use and improvement,
to wit, a right of way for storm drain and sewage disposal
purposes and related incidental uses. The City is authorized to
acquire the hereinafter described real property, or interest in
real property pursuant to the Government Code of the State of
California, including, but without limitation, Sections 37350.5,
37351 and 5 of said Government Code.
SECTION II. The City Council of the City of Anaheim
finds and determines that:
1. The Dublic interest and necessity require the proposed
project.
2. 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.
3. The hereinafter described real property, or interest
in real property, is necessary for the proposed
project.
SECTION III That the City of Anaheim is hereby auth-
orized and empowered to acquire by condemnation in the name of
the City of Anaheim to be used for a right of way for storm drain
and sewage disposal purposes and related incidental uses, to be
used in accordance with the Code of Civil Procedure, the Charter
of the City of .Anaheim, and the Constitution of the State of
California relating to eminent domain, a permanent easement in,
over and across the following described real property:
The said real property, or interest in real property,
is generally located and described as follows: Parcel "B,"
that certain property consisting of approximately .127; The
real property, or interest in real property, is more
specifically described in Exhibit "A," which exhibit is attached
hereto and incorporated by reference herein.
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PARCEL "B"
(Ambuehl /Peralta Hills)
An easement for storm drain purposes in the City of Anaheim,
County of Orange, State of California, over that portion of
Parcel 4 as shown on map filed in Book 84, page 13 of Records of
Surveys of said Orange County, described as follows:
Beginning at the most Northerly corner of said Parcel 4;
thence along the boundary lines thereof South 75 39' 39" West
20.01 feet; thence along the Southeasterly line of the 20 -foot
road easement South 16 07' 21" East 113.69 feet, South
19° 09' 39" West 121.76 feet and South 27° 52' 39" West 131.18
feet; thence South 42° 02' 45" East 10.65 feet; thence North
27° 52' 39" East 133.32 feet; thence North 23° 40' 16" East
131.54 feet to an angle point in said boundary; thence North
16 07' 21" West 119.43 feet to the point of beginning.
EXHIBIT ..... - -- p- ` . .............. ar
Pe. - -- .- !-- ....OF----- 1--- - -...-
SECTION IV . If, and to the extent that the real
property, or interest in real property, is presentl7 appropriated
to public use, the City of Anaheim seeks to acquire said real
property, or interest in real property, pursuant to Section
1240.610 of the Code of Civil Procedure.
SECTION V . In the event that any real property, or
interest in real property, as described in Section III, consti-
tutes 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
t 'remnant(s)" as defined in said section.
SECTION VI. The law firm of Oliver, Stoever & Laskin,
special attorneys or 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 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 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, Sections
1230.010 - 1273.050).
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim. this 2nd day of May, 1978.
ATTEST:
CITY CIERK, OF THE aITY OF ANAHEI
"FS : j h
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 78R -269 was introduced and adopted at a regular
meeting provided by law, of the City Council of'the City of Anaheim held on
the '2nd day of May, 1978, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 78R -269 on the 2nd day of May, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of May, 1978.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R -269 duly passed and adopted
by the Anaheim City Council on May 2, 1978.
i
A2-GdOS1 TEOv