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1977-793RESOLUTION NO. 77R 793 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. 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 1. 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, motor vehicle parking, stadium 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 54601 of said Government Code. SECTION II. The City Council of the City of Anaheim finds and determines that: 1. The public 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 authorized and empowered to acquire by condemnation in the name of the City of Anaheim to be used for motor vehicle park- ing, stadium, and related incidental purposes, 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, 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, is generally located and described as follows: that certain property consisting of approximately 7.09 acres bounded by the Orange Freeway (Route 57) on the east, The -1- Atchison, Topeka and Santa Fe Railroad right of way on the north, the Anaheim Stadium property on the west, and the Santa Ana River on the east. The real property, or interest in real property, is more specifically described in Exhibit "A consisting of three (3) pages, which exhibit is attached hereto and incor- porated by reference herein. SECTION IV. If, and to the extent that the real property, or interest in real property, is presently 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, 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 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 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, Sections 1230.010- 1273.050). THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of December, 1977. ATTEST: CITY CLERK OF T CITY OF ANAHEIM MES:jh -2- ff a t /1 /AAA F A AHEIM (SEAL) Agaado1a TEag 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. 77R-793 was,introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of December, 1977, by the followilag vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -793 on the 13th day of December, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of,December, 1977. CITY CL'RK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -793 duly passed and adopted by the Anaheim City Council on December 13, 1977. PARCEL 1: EXHIBIT "A" THAT PORTION OF LOT 7 OF THE TRAVIS TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE 100 -FOOT STRIP OF LAND CONVEYED BY M. L. WICKS TO THE CALIFORNIA CENTRAL RAILWAY COMPANY RECORDED MARCH 26, 1888 IN BOOK 407, PAGE 130 OF DEEDS RECORDS OF SAID LOS ANGELES COUNTY. EXCEPT THEREFROM THAT PORTION LYING WESTERLY OF THE LINE DESCRIBED IN PARCEL 2 OF THE DIRECTOR'S DEED RECORDED JANUARY 17, 1967 IN BOOK 8154 PAGE 965 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE BELOW THE UPPER 100 FEET OF THE SUBSURFACE OF THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR SAID UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 1, 1962 IN BOOK 6094 PAGE 549 OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA DELINEATED ON A MAP FILED IN BOOK 72 PAGE 18 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. PARCEL 2: THAT PORTION OF THE LAND ALLOTTED TO A. B. CHAPMAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS EXI L2JT...... PG CF ANGELES COUNTY, CALIFORNIA, BEING THAT PORTION OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 12, 1963 IN BOOK 6627 PAGE 940 OF OFFICIAL RECORDS, BOUNDED WESTERLY BY THE LINE DESCRIBED IN PARCEL 2 OF THE DIRECTOR'S DEED RECORDED JANUARY 17, 1967 IN BOOK 3154 PAGE 965 OF OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE WESTERLY LINE OF LOT 8 OF GLASSELL AND CHAPMAN TRACT AS PER MAP RE- CORDED IN BOOK 5, PAGE 408 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSUR- FACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN THE GRANT DEED FROM FIRST WESTERN BANK AND TRUST COMPANY RECORDED JULY 12, 1963 IN BOOK 6627 PAGE 940 OF. OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA DELINEATED ON A MAP FILED IN BOOK 72 PAGE 18 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. PARCEL 3: THAT PORTION OF THE LAND ALLOTTED TO A. B. CHAPMAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREEE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, BEING THAT PORTION OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 25, 1963 IN BOOK 6775 PAGE 759 OF OFFICIAL RECORDS, BOUNDED EASTERLY BY THE WESTERLY LINE OF LOT 8 OF GLASSELL AND CHAPMAN TRACT AS PER MAP RECORDED IN BOOK 5 PAGE 408 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED SOUTH- WESTERLY BY THE LINE DESCRIBED IN THE DIRECTOR'S DEED RECORDED JANUARY 17, 1967 IN BOOK 8154 PAGE 965 OF OFFICIAL RECORDS AND BOUNDED NORTH- ERLY BY THE NORTHERLY LINE OF PARCEL 1 AS DESCRIBED IN THE DEED TO ROLAND T. REYNOLDS AND WIFE RECORDED JUNE 26, 1943 IN BOOK 1194 PAGE 466 OF OFFICIAL RECORDS. EXCEPT THEREFROM ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON SUB- STANCES UNDER SAID LAND AS EXCEPTED IN THE DEED FROM MARY M. PARKER RECORDED JUNE 26, 1943 IN BOOK 1194 PAGE 466 OF OFFICIAL 'RECORDS. i3 IT A PG. z O 3 SAID LAND IS INCLUDED WITHIN THE AREA DELINEATED ON A MAP FILED IN BOOK 72 PAGE 18 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. PARCEL 4: THAT PORTION OF LOT 8 OF THE TRAVIS TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, BEING THAT PORTION OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 12, 1963 IN BOOK 6627 PAGE 940 OF OFFICIAL RECORDS, BOUNDED WESTERLY BY THE WESTERLY LINE OF SAID LOT 8; SOUTHWESTERLY BY THE LINE DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1963 IN BOOK 6777 PAGE 759 OF OFFICIAL RECORDS AND BOUNDED NORTHEASTERLY AND SOUTHEASTERLY BY THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 1, 1961 IN BOOK 5707 PAGE 151 OF OFFICIAL RECORDS. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSUR- FACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EOUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN THE DEED FROM FIRST WESTERN BANK AND TRUST COMPANY RECORDED JULY 12, 1963 IN BOOK 6627 PAGE 940 OF OFFICIAL RECORDS. EXIIM/7".