91-321 RESOLUTION NO. 91R - 321
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. (Waters- RW 4774)
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: road and public utility purposes.
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. Government Code Section 37353.
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 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 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.
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, Stoever, Barr &
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 19th day of November,
1991.
R OF THE CITY OF A~HEIM '
ATTE~-i~
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-321 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 19th day of
November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-321 on the 20th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of November, 1991.
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. 91R-321 duly passed and adopted
by the City Council of the City of Anaheim on November 19, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
PARCEL 1
Commencing at the centerline intersection of Ball Road and
Sunkist Street; thence S 89° 02' 32" E, along the centerline
of Ball Road, 195.11 feet; thence N 0° 57' 28" E, 53.0 feet
to the True Point of Beginning; thence N 89° 02' 32" W,
124.95 feet to the beginning of a tangent curve, concave
Northeasterly having a radius of 25.0 feet; thence along said
curve Northwesterly thru a central angle of 90° 06' 53" an
arc distance of 39.32 feet to a point, said point being the
beginning of a tangent curve, concave Northeasterly, having a
radius of 25.0 feet; thence along said curve Southeasterly
thru a central an~le of 90° 06' 53" an arc distance of 39.32
feet; thence S 89u 02' 32" E, 124.95 feet; thence
S 010 04t 21" W, ~ nn ~=o~ ~ the True
P ..... Be nning
PARCEL 2
Commencing at the centerline intersection of Ball Road and
Sunkist Street; thence S 89° 02' 32" E, along the centerline
of Ball Road, 274.36 feet; thence N 0° 57' 28" E, 56.0 feet
to the True Point of Beginning; thence S 79° 38' 53" W, 5.10
feet; thence S 01° 04' 21" W, 2.0 feet; thence
N 89° 02' 32" W, 74.25 feet; thence N 01° 04' 21" E, 3.00
feet; thence S 89° 02' 32" E 79.25 feet to the True Point of
Beginning.
PARCEL 3
Commencing at the centerline intersection of Ball Road and
Sunkist Street; thence S 89° 02' 32" E, along the centerline
of Ball Road, 535.80 feet; thence N 0° 57'28" E, 55.0 feet to
the True Point of Beginning; thence N 89° 02' 32" W, 266.44
feet; thence N 79° 38' 53" E, 5.10 feet; thence S 89° 02' 32"
E, 146.94 feet; thence S 87° 32' 29" E, 114.50 feet to the
True Point of Beginning.
0 A ,~ L 7'
~~ ~LL ROAD
CITY OF ANAHEIM NORTHSIDE BALL ROAD
PUBLIC WORKS
ENGINeRING DEPARTMENT FROM 195' E/O SUNKIST ST. To SUNKIST ST.
~UTY 'CITY ENGINEER
BASIS OF BF_Ak'ING TIlE REARING S6~QZ'SZ"E £~R77/£ :E~ER LINE OF
B~LL RO~D A3 SHO~N ON STATE DIV. ~F NIGE~AY
~AP ~ ~ IOG~ ~AS USED AZ T~E B~SIS OF'B~RING
CITY OF ANAHEIM NORTH SIDE BALL ROAD
PUBLIC WORKS FROM 2~4' E/O SUNKIST ST TO 195' g/O SUNKIST ST.
ENGI~E E R I N,G DEPARTMENT
DEPUTY Cl~ ENGINEER OATE 0ATE ~.~/ 0ATE ~/-/~, 9/ /~W
CiTY OF ANAHEIM .: NORTH SIDE BALL ROAD
PUeLtC WORKS - FROM _~56' E/O SUNKIST ST. TO 269' EIO ,SUNKIST ST
EN GJ N,.E E R I NC.~ O E.=A RTM EN ~