93-092 RESOLUTION NO. 93R - 92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AHD
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY. (Gannett Outdoor)
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 parking.
SECTION II. The city of Anaheim is authorized to
acquire the hereinafter described real property, or interest in
real property, pursuant to Government Code Section 37350.5.
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 public parking 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 Exhibits A and B,
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, 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 25th day of May, 1993.
MAY~OF~THE ~Y OF.~AHEIM
ATTEST:
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. 93R-92 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 25th day of May, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Duly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-92 on the
26th day of May, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 26th day of May, 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-92 was duly passed and adopted by the City Council of the City of Anaheim on
May 25, 1993. -
CITY CLERK OF THE CITY OF ANAHEIM
ALTA OWNERS POLICY OR-1526334
(REGIONAL EXCEPTIONS) ~
(1987)
EXHIBIT "A"
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF ANAHEIM, kND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 3, 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:
PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 75, PAGE 43 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING ALL OIL, GAS, AND OTHER HYDROCARBON AND MINERAL SUBSTANCES
IN AND UNDER SAID PROPERTY, BUT WITHOUT ANY RIGHT TO PENETRATE, USE
OR DISTURB THE PROPERTY WITHIN 500 FEET OF THE SURFACE THEREOF, AS
RESERVED IN THE DEED RECORDED JANUARY 26, 1990 AS INSTRUMENT NO.
90-048537 OF OFFICIAL RECORDS. '
PAGE 6
BILLBOARD,
GANNETT OUTDOOR,
NORTH EAST CORNER,
DOUGLASS ROAD & KATELLA AVENUE,
ANAHEIM, CA.
subject billboard
Outdoor advertising Billboard Sign
urban "Rotate" Bulletin., double
faced, Gannett Outdoor, size approx-
imate 14' X 48'±, vinyl facing, oil-
set, full work crew deck platforms,
high intensity upward illumination,
steel standard column 48" diameter,
set in ground, including electricals
Sign # 0250 & 0334.
EXHIBIT "B"
Ma~ch 19, 1980
PARAGRAPH 4 (Cont'd)
In the event of removal by the Lessor under the terms and conditions of the Agreement,
Lessor is to rebate all prepaid and unearned rent.
Present construction and future improvements involved with such construction up
through July 1, 1980, are excepted from the definition of "Private commercial or
residential building" for purposes concerning the removal of Leesee's display.
PARAGRAPH 5 (Cont'd)
In the event of a rent adjustment necessitated by conditions contained in this
Paragraph, a 60 day advance written notice will be required to be submitted by
Lessee. The burden of proof for such adjustment shall be the responsibility of
the Lessee, and in that event, client billings shall be made available for
examination by Lessor.
ACCEPTED BY: ACCEPTED BY:
Pacific Outdoor Advertising Co. American National Properties, Inc.
~'~'~'~ ~"~f~F'~'~f~"~'~" Terry J~. Tweedt, Vice President
PACiFiC OUTDOOR adv®rtielng co. /' ' ~ '
A Co~pany ~ Co~Uned C~r~un~ ~ No. '
1740 NARVA STREET- LOS ANGELES, CALIFORNIA 90031
New
Renew~ ~ '
'"
Maroh 19, 1980
C~W Los Angeles S~s~e California Da~e
lbs uode~s~ed [esso~ he~eb~ ~ea~s eKo~us~v,~ ~o ~AC~C OUTDOOR ADV~ST~S~NG CO~PAN~
~"V either 'pa~y only as herein provided, the use of the following described premises for the purpose of eroding pnd
printed or illuminated adve~ising signs including ne~ssary structures devces and connerions: ~+{ ~ , ~,,
O~on [he ~h~=d and s~x~h ann~ve=sa=y da~es o~ [he ~g=eemen~ such'='~9
ren~ shall ~e adjus~e~ ~o ~oElac~ ~he thcn a~.aincd cost of living ao measured by the.
~.L.S. statistical index for ~ Los Angeles/Orange County area using August i~7~ as;
LEGAL DESCRIPTION'. ~a~ce[ 3 ~ ~he C~y oE A~a~e~m~ Co~y o~ O~e~ge~ 'S~a[e' o~ Ca[~o~[s'a~
per map recorded in Book 32, Page 50, Office of County Recorder. 't~
LOCATION: 2621 E. ~tella Ave., 150' E. of Douglas ~
situated in the City of Anaheim , County of Orange State of CaliforniQ/
for a period of ten years from ~ 9-7-79 ,
2. The consideration shall ~ **Eight ~ousand Pive ~undred and no/100** ($8,500'00
per year a~er the signs are con=ructed, payable by Lessee monthly in advance, commencing ~ ~9~ ef the month durin~ which
agno are oom~ted, Prier te oonatru~ien and during ~u~ tim~ as ~e aawl~i~a copy is ~a d~playod o~ the prope~y by
the r~ntal 6h3ll be at the rate of Twel~ ($12~) Doffare per Wan
3. Levee shall save the Lessor harml~s from,all damage to perso~s or'properly bY ~ason,of
acts of its agents, employees or others employed in the construction, maintenance, repair or removal of its Signs on the
4. This lease shall continue In full fome and eff~t for ~ts term and thereafter for su~equent suasive ke ~
the end of such term or any successive like term upon written notice by the L~sor or Lessee ~ed by cemifled or r~istered mail
(30) days ~fore the end of such term or subsequent like ter~ 9r~,~ed thst ~e~3~al h~ the ri8ht te t~ . . .
~nd ef am/mentMy ~eried u~eR wilton netlee te k~:o~ 0o~6 ~et le~ than t~iAy {~u) ~=ta prio~ to the one m ouo~ mon~y
~ Lessor shaft have the right to terminate the Lea~ at any time durin,
g, Ee~ shall rameve its mgns within thi~
· prope~y ~y ~rectino th~eon a perm3~ent pri~=~,-~,,,,,a
aEer receipt of a copy of the applicable building permit, but only if in addition it hue boon paid in full at the time notice of buildi~a
6~/ea the c~[~e:a"im': d[~ribod n ~e ~entonea v~i~] feilcwa imm;~'~:oW, The ~oor will upon giving such notice
m the kocceo all rent p~ for the unexpired term pl~ the total coot of the oo.~uotion a~d the removal of L~¢'3 siena, I~ 1/I
of ouch coot for each ful mo~th of thia Loaao prior to tko nmieo of termination. If the L~sor fa Is to commenc~ the er~ioq
vats commercial or residential building within thi~y (30) days after Levee remov~ its signs, L~ shaft again have the right t~
. the premises and maintain adveAising sig~ subje~ to the provisions of this Lease· ~ awl potions of the prop=~y are not to
for cu~ bu~diNa, the L6~oe hue the option to use the rom~inin~ poreion on the oamo totinc, o~o~t that the rent ~11 I
' '' -tiomat~ rodu~d. ~ttached
5. If the view of the
ished by reduced vehicular circulation, or the u~ of such sigq or sig~ ~ prevented or r~ri~ed by la~ the L~ ~
' ~t: c~t~c~ either reduce rental in dire~ propo~ion to the I~ suffered as a result of such o~ru~ion, impair~nt, .
lion of u~, or keep the lease in for~ ex~pt that no rental shall accrue while such conditions continue, or canal this a
receive all rent paid for the unexpired term of this lease, by giving the L~or notice in writing of such o~truction, impairment,
lion or restriction of use ' Paragraph.5 attached.
;6. Le~or,~ ·
~ on the prope~y er on any noighboHn~ propo~/which WOU d i~ any ~ay~olly or pa~iall% ~?e vie~of g~'~
; ~. f such obstru~ on ~cum the Le~ ~as the op~on of r~u r ng the ~e~r to remove ai~ :l, '~ ~f t~
: h o~trum 0 ~hara ng 'thfi ~t qf~'~id,[eme~l t~ th~ L~ - the ~e~' ~ md~ e~ tal her~i~ pi
~ ,,~+of eitl::l ~;,. I~ .:! i>G~lid .i.i~iG[:) Inu yoga hug I)afW ~'~,ll ~ u'tLiLle(I :() m~(,':l le.snn~d:!e fillorney.~' lle~) all(I ~i.I c~ulL
/~;; a~rd~couAof ..... t ' ~ ~ '""'~'~'~- '~'"~
' ' :, 11.~L~ee shall not ~ ~u'td hy ra't~ h~-,r~,'ce'Kl': ~r~, ~r
. unie~ t~ e sam~ am incor~rat~ in this lea~. ~, .~ :~ .~;~,'.~ ~ ,~. , . . .
: ,_, ..... . ,,,, =,, .........,,,,, .,..., ........ ,.. ,
PAC F C O~OOR ADVERT,S!~CO,.. :. ~N .~.~;.~ ~,~, , . ~ ~ ~ ,-, ,, J .
B~~/ ~~ ~ ". .- :: ' ' ~ ~ ' ' '=
, ' ~': :, "~':~e~.'~' ~ ' i: ,~[' : ' ~ · ,:- ,-:'~'::;.'~ :{:~%"~x~ ~-