94-019 RESOLUTION NO. 94R-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY IgOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY. (Donald Day)
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 Street and Highway a]ld 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 Governmeat Code Section 37350.5,
Government Code Section 40404 and Streets and Highways Code 4090.
SECTION III. The city Co~ncil 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 loca~:.ed in the
manner that will be most compatibl, e wiI'h the great-
est public good ~nd the least private
C. The hereinafter described real property, or interest
in real propcrty, is necessary for the
pL'oject.
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 road and public
utility purposes in accordance with the provisions of the Code of
Civil Procedure and the Constitution of California relating to
eminent domain, the fee title to lille following described real
property, unless a les:'~er estate is expressly described.
The said real property or interest in real property is
specifically described on Exhibit A, attached hereto and
i;}corporated 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 & Voss,
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 City Attorney is authorized to
assign such work to such other attorneys as the City Attorney may
deem appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 15th day of ~bruary ,
1994.
ATTESt:
CITY CLERK OF TH~ CITY OF ANAHEIM
836.1\MSLAUGHT\December 6, 1993 --2--
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. 94R-19 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 15th day of February, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, 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. 94R-19
on the 16th day of February, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of February, 1994.
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. 94R-19 was duly passed and adopted by th~ City Council of the City of
Anaheim on February 15, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
LEGAL DESCPJPTION ~Exhibit
That portion of the Van Degraff tract:, as shown on a map recorded in Book 4, Page 440 of
Miscellaneous Maps of Los Angeles County, California, acquired by the State of Califomia by
Parcel B of Parcel I (amended) of the Final Order of Condemnation Superior Court Case
No. 114537, a certified copy of which was recorded November 2, 1964 in Book 7285, Page 833
of Official Records of Orange County, California described as follows:
Beginning at the intersection of the easterly line of above described land with the southerly line
of 50.00 foot right-of-way of the Southern Pacific Railroad described as "Fizst' in deed to
Pacific Improvement Company recorded in Book 454, Page 116 of deeds in the Office of th~
County Recorder of said Los Angeles County, thence Soutit 18°04'18" West 46.46 feet to the
TRUE POINT OF BEGINNING; said point being on the .southerly line of 40 foot wide Cerritos
Avenue; thence South 18°04'18" W~st 32.53 feet; thence South 76055'50" West' 61.06 feet;
thence North 01°07'17" l:~st 9.86 feet:; thence N&th 88052'43' W~t 20.00 feet to the easterly
line of land described in deed recorded in Book 169, Page 417 of Official Records of Orange
county; thence North 01°07'17~ E, 13.96 feet to a point on the southerly line of 40 foot wide
Cerritos Avenue; thence North 76°55'50" East, 71.53 feet along the said southerly line of
Cerritos Avenue; thence continuing North 77°22'50" g~t 19.91 feet to the TRUE POINT OF
BEGINNING.
The area of th%a.bove described parcel is 2,175.62 square feet.