Loading...
93-219 RE~;OLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINIA~G THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL. PROPERTY INTERESTS IN REAL PROPERTY LOCATED IN THE CITY OF ANAHEIM, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION WITH RESPECT TO THE WIDENING OF CERRITOS A rE. It is hereby found, determined and res(~lved by the City Council of the City of Anaheim (City) by a vote of not less lhan-two-thirds of its members, as fellows: SECTION 1: The acquisition of that certain real property interest in real property located approximately 260' East of Sinclair Street on the South side of Cerritos Ave. in the City of Anaheim, for the, following public use: Public Street and Highway purposes. The City is authorized to acquire the hereinafter described real property interest pursuant,to Govt Code Section 40404 and Street and Highway Code section 4090 SECTION 2: That the real property interest, which is required for the purposes referenced herein is situated in the City of Anaheim, County of Orange, State of California, and is more specifically outlined in the legal description and map attached hereto as Exhibits "A" and "B" respectively, and are incorporated herein by this reference. SECTION 3: On the basis of the information contained in the report to the City dated November 9, 1993, which is i,ncorporated herein by this reference, and ail other evidence and testimony presented to the City either pdor to or on this date, the City declares that it has found and determined each of the following: a. The public interest anlt 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 interest in real prl)perty described in this Resolution is necessary for the proposed project; and, d. That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence. SECTION 4: The City hereby declares its intention to acquire the real preperty interest described in Section 2, above, b~ proceedings in eminent domain. The law firm of Oliver, Bart & Vose is hereby authorized to bring an action in the Superior Court of the State o[ California, County of O~ange, in the name of the City of Anaheim, against all owners and claimants of [he property described herein to condemn the interest in said real property, for public parkin{] purposes, excepting and reserving to the owner thereof all oil, gas and mineral substances, together with the dght to explore for an extract such substances, provided that the surface opening of any well, hole, shaft, or other me~ans of exploring for, reaching or extracting such substances shall not be located within the aforesaid project and shall not penetrate any part or portion of said project area within 500 feet of the surface thereof, and to do all things necessary in its opinion to prosecute said action Io its final determination in accordance with the provisions of law applicable thereto. The aforesaid special eminent domain counsel is 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, Section 1230.010-1273.050). SECTION 5: On the basis of the information contained in the Mitigated Negative Declaration prepared and made available August 3, 1993, and considered and approved by the City Council on September 15, 1993, which is incorporated herein by this reference, The City Council authorizes the filing of a Notice of Determination with the County Clerk of the County of Orange, with respect to the widening of Cerritos Ave only. SECTION 6 The City Clerk shall certify to the adoption of the Resolution. APPROVED AND ADOPTED this 9th . day of November ,1993. City Clerk (Sea!) I Leonora N. Sohl, City Clerk, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Anaheim on the 9th day of November ,1993 and was adopted by the ~l~owing vote: AYES: MEMBER: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: MEMBER: None ABSENT: MEMBER: None ABSTAINED: MEMBER: None City Clerk ~bdweks 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. 93R-219 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of November, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-219 on the 10th day of November, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of November, 1993. 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. 93R-2'19 was duly passed and adopted by the City Council of the City of Anaheim on November 9, 1993. CITY CLERK OF THE CITY OF ANAHEIM ~IT~AT~OR ~UARANTEE 0R-9355093 (REV. 6-92) EX]:ITRTTA THE ~ REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF OR/INGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF THE LAND DESCRIBED IN A DEED RECORDED IN BOOK 169, PAGE 417 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF OP~ANGE COUNTY, CALIFORNIA, WHICH. SAID POINT OF BEGINNING IS DISTANT SOUTH, MEASURED ALONG SAID EAST LINE, 81 FEET FROM w'"."THE CENTER LINE OF THE SOUTHERN PACIFIC RAILROAD, AND RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH ALONG SAID EAST LINE 25 FEET; THENCE AT RIGHT ANGLES EAST 20 FEET; THENCE AT RIGHT ANGLES NORTH 25 FEET; THENCE AT RIGHT ANGLES WEST 20 FEET TO THE POINT OF BEGINNING.