92-244 RESOLUTION NO. 92R - 244
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.
(Lyle Bleckert)
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: public assembly arena and public parking.
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;
B. Government Code Section 37501; and
Article I, Section 19 California Constitution.
SECTION III. The City Council of the city of Anaheim
finds and determines 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
greatest 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 arena and public
parking in accordance with the provisions of the Code of civil
Procedure and the Constitution of California relating to eminent
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 32, PAGE 50 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
PARCEL B:
AN EASEMENT 20.00 FEET WIDE FOR INGRESS AND EGRESS OVER THAT
PORTION OF LOT 4 OF THE TRAVIS TRACT IN THE 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, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF DOUGLASS STREET AS SET
FORTH IN AN INSTRUMENT RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE
109 OF DEEDS OF ORANGE COUNTY, NORTH 0° 04' 30" WEST 230.00 FEET
FROM ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 4;
THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4 SOUTH 89°
32~ 10" EAST 251.97 FEET TO THE CENTERLINE OF THE EASEMENT
GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED JUNE 30,
1966 IN BOOK 7973, PAGE 50 OF OFFICIAL RECORDS; THE NORTHERLY AND
SOUTHERLY LINES OF SAID EASEMENT SHALL BE EXTENDED OR SHORTENED
SO AS TO TERMINATE AT THE CENTER LINE OF SAID SOUTHERN CALIFORNIA
EDISON COMPANY EASEMENT.
EXCEPT ANY PORTION LYING WITHIN SAID DOUGLASS STREET.
PARCEL C:
PARCEL 2, AS SHOWN ON A PARCEL MAP FILED IN BOOK 32, PAGE 50 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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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.
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 1240.410 any "remnant(s)" as
defined in said section.
SECTION VII. The law firm of Oliver, Bart & Vose,
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
City Council of the City of Anaheim this 8th day of December,
1992.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES
ARENA.10
120492
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s$.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 92R-244 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 8th day of December, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson and Daly
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-244 on
the 9th day of December, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 9th day of December, 1992.
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. 92R-244 was duly passed and adopted by the City Council of the City of Anaheim on
December 8, 1992.
CITY CLERK OF THE OFTY OF ANAHEIM