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ARA1993-10RESOLUTION NO. ARA93-10 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. ( Quick Test ) The Board of the Anaheim Redevelopment Agency 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: redevelopment purposes. SECTION II. The Anaheim Redevelopment Agency is authorized to acquire the hereinafter described real property, or interest in real property, pursuant the Community Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code), including, without limitation Health and Safety Code Section 33391(b). SECTION III. The Board of the Anaheim Redevelopment Agency does hereby find and determine that: a. The public interest and necessity require the proposed project. 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. De 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 Anaheim Redevelopment Agency is hereby authorized and empowered to acquire by condemnation in the name of the Anaheim Redevelopment Agency to be used for said redevelopment 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 the following described real property, unles~ a le~er e~ta~ i~ ~xpr~ly described. The said real property or interest in real property is 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 Anaheim Redevelopment Agency 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 Anaheim Redevelopment Agency 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 Anaheim Redevelopment Agency, and the Agency Counsel are hereby authorized to prepare and prosecute in the name of the Agency, 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 Agency 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 Agency Counsel is authorized to assign such work to such other attorneys as the Agency Counsel may deem appropriate. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 25th day of May, 1993. ATTEST: SECRETARY -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA93-10 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 25th day of May, 1993, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Simpson AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA93-10 on the 26th day of May, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26th day of May, 19(93. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) EXHIBIT A DE&CRIPTION CONDEMNEE'S INTERESTS, IF ANY, IN AND TO THE FOLLOWINC DESCRIBED REAL PROPERTY: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE..~UTHWEST QUARTER OF'SECTION 9, TO~NSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN CAJ6~'DE SANTA ANA, IN THE CITY OF ANAHEII4, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 IS SHOWN ON A 14AP FILED IN BOOK 35, PAGE 15 OF RECORD OF SURVEY, IN THE OFFICE OF TH~ COUNTY RECORDER OF SAID CO~ DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, DESCRIBED IN THE DEED TO T~IE STATE OF CALIFORNIA, RECORDED OCTOBER 21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL RECORDS, BEING A POINT ON THE WEST LINE OF SAID SECTION 9, NORTH 0o 15' 30" WEST, 717.99 FEET FROM ITS INTERSECTION WITH THE NOR//4EASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S 100.00 FOOT RIGHT-OF-WAY; THENCE AT RIGHT A/qGLES NORTH 89° 44' 30' EAST, 40.00 FEET; THENCE SOUTH 0° 15' 30" EAST, 50.00 FEET PARALLEL WITH SAID WEST LINE; THENCE SOUTH 16o 57' 27" EAST, 221.14 FEET TO THE NORTHEASTERLY LINE OF THE DESCRIBED IN CERTIFICATE OF TITLE NO. 9191; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 45° 15' 30" EAST, 33.25 FEET TO THE BEGII~I~ING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHEASTERLy 4.69 FEET ALONG SAID CURVE TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN'THE DEED TO THE STATE OF CALIFORNIk RECORDED OCTOBER 21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL RECORDS; THENCE ALONG /%IS NORTHERLY AND NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 89 36' 58" FAST, 110.18 FEET TO ~ BEGINNING OF A CURVE CONCAVE TO HAVING A RADIUS OF 200 FEET; T}{ENCE SOt~fHE3~TERLY 259.27 FEET ALONG SAID CURVE; THENCE SOUTH 15o 10' 23" EAST, 138.00 FEET; THENCE SOUTH 19° 28' 13" WEST, 112.30 FEET; THENCE SOUTH 30o 27' 58" WEST, 90.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1913.00 FEET TO WHICH POINT A RADIAL BEARS SOUTH 23· 35' 16' WEST;. THENCE SOUTH~TERLY 494.34 FEET ALONG SA.ID CURVE TO THE EAST LINE OF LAbH) DESCRIBED IN DEED TO WILLIAM KOERNER RECORDED APRIL 6, 1892 IN BOOK 5~, PAGE 244 OF DEEDS OF SAID ORANGE COU~TI'Y; THENCE SOUTH 0° 15' 10' EAST, 29.00 FEET, I~ORE OR LESS, TO A LiNE PARALLEL WIT~ AND 481.42 FEET S~RLY (MEASURED ;tLONG THE EASTERLY LINE OF THE SAID NORTHERLY LINE OF THE S~ST QUARTER OF THE SOUTHWEST QUARTER OF ~ SECTION 9; THENCE NORTH 89" 39' 00" EAST, 464.33 FEET ALONG PARALLEL LINE TO THE EAST LI~E OF THE SA.ID ~ST HALF OF THE SO--ST QUARTER; THENCE NORTH 0° 16' 50" WEST, 1801.47 FEET ALONG SAID LAST I~:TTTIONED EASTERLY LINE TO THE NORTHEAST. CORRER OF THE SAID WEST ~UtLF OF THE SOUTHWEST QUARTER OF SECTION 9; 77{ENCE SOUTH 89· 39' 15" WEST, 1318.89 FEET ALONG THE NORTHERLY LINE OF SA.ID SOUTHWEST QUARTER TO THE NORTHWEST CORNEF THEREOF; 77{ENCE SOUTH 0" 15' 30." E/LgT, 876.39 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND. BEGINNING AT A POIh~ ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT ALONG SAID EAST LINE NORTH 0o 16' 55" WEST, 420.26 FEET FRO~THE CEN~ERLINE OF THAT PORTION OF MANCHESTER AVENUE, 80.00 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED Iw~u. RCH 21, 1935 IN BOOK 743, PAGE 18, OFFICIAL RECORDS; THENCE CONTINUING NORTH 0© 16' 55" WEST, 2'08..68 FEET; THENCE AT RIG..UT ANGLES, SOIII"H 89" ~3' 05" WEST, 40.00 FEET; THENCE SOUTH 1o 51' 25" WEST, 94.83 FEET TO THE BEGINNING OF A NON-TANGE~ CURVE CONCAVE TO THE NORTHWEST AND b~VING A RADIUS OF 115.00 FEET TO ~HICH POIN~ OF BEGINNING OF CURVE A RADIAL BE3%RS NORTH 89© 43' 05" EAST; THENCE SOUTHWESTERLY, 116.20 FEET AIXDNG SAID CUR\~ q~ THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF C-A.LIFORNIA, RECO~ED AUGUST 2, 1944 IN BOOK 1267, PAGE 100, OFFICIAL RECORDS; THENCE NORTH 89° 39' 00" E~T, l~&.14 FEET TO THE POINT OF BEGINNING. Yarc 2 -4 DESCRIPTION A/~SO EXCEPT THAT PORT~ON THEREOF INCLUDED' WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE POINT ON THE NORTHER~ LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 2, 1944 IN BOOK 1267, PAGE 100, OFFICIAL RECORDS, DISTANT ALONG SA.ID LINE SOUTH 89" 39' 00' WEST. 172.67 FEET FROM THE EAST LINE OF THE SouTHWEsT QUARTER OF THE SOUTHWEST QIIARTER OF SAID SECTION 9; THENCE NORTH 85" 51' 08' W~ST, 161.39 FEET TO THE BEGIITNING OF A NON-TA~.GENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1913.00 FEET TO WHICH POINT OF BEGINNING OF A CURVE A RADIAL BEARS SOUTH 4" 49' 49" WEST; THENCE WESTERLY 131.95 FEET ALONG SAID CURVE TO THE EASTERLY LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 16055; THENCE SOU/q4ERLY 29.09 FEET ALONG SAID EASTEPJ~Y LINE TO SAID NORTHERLY LINE; THENCE EASTERLY 291.84 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND (ROBINSON' S PARCEL) : BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER, BEING THE CENTERLINE OF CRESCENT AVlgNU~, SOUTH 89" 39' 15" WEST 733.00 FEET FROM THE CENTERLINE OF LOARA STREET; THENCE SOUTH 0" 16' 55~ EAST 29.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 0" 16' 55" EAST 359.42 FEET; THENCE NORTH 89~ 43' 05" EAST 358.00 FEET; THENCE SOUTH 0" 16' 55" EAST 1.00 FOOT; THENCE NORTH 89" 43' 05" EAST 346.00 FEET TO THE EAST LI1TE OF THE 44.074 ACRE PARCEL SHOWN ON SAID MAP FILED IN BOOK 35, PAGE .15 OF RECORD OF SURVEYS; THENCE NORTH 0' 16' 55" WEST 341.19 FEET, ALONG SAID EAST LINE OF THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY AND WESTERLY 31.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 03' 50"; THENCE SOUTH 89" 39' 15" WEST 683.98 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (OFFICE PARCEL): THE WEST 662.00 FEET TO THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 W~ST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEII~, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE WEST ~[ALF OF THE NORTHWEST QUARTER OF SAID SECTION 9 IS SHOWN ON A F~P FILED IN BOOK 28, PAGE 32 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUI~y. PARCEL 3: (PARKING PARCEL): LOT 9 OF THE ANAHEIM HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ;kS PER MAP RECORDED IN BOOK 26, PAGE 10 OF 14ISCE~OUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 20.00 FEET THEREOF. ALSO EXCEPT THE NORTH 630.88 FEET THeReOF, I~uASURED FROM THE CENTERLINE OF NORTH STREET ADJOINING SAID LOT ON THE NORTH. SAID LA/{D IS INCLUDED WITHIN THE AD. EA SHOWN ON A MAP FILED IN BOOK 35, PAGES 15 AND 16 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUh~Y. P/LRCEL 3: THAT PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SEC-lION .9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON A MAP ~"~H.'EREOF P-ECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUh~I~', Ir] THE -4 DEgC~oN RARCHO S3%N JUAN CAJON DE SANTA 3~/~k, IN THE CITY OF A/~30{EIM, COU1TrY OF ORA/~GE, STATE OF CALIFORNIA, BEING FURTHER DESCRIBED AS THAT PORTION OF THAT CERTAIN 44.074 ACRE PARCEL SHOWN ON A F~LP P~ECORDED IN BOOK 35 PAGE 15 OF RECORD OF SURVEY OF SAID' COUNTY DESCRIBED AS FOLJ~OWS: ' TM ~ t , BEGINNING IN THE NORTH LINE OF S/LtD PARCEL AT A POINT DISTANT SOUTH 0" 16' 55" EAST 29.00 FEET FROM A P~INT IN THE CENTERLINE ~£ CRESC~'T AVENUE, SAID CE~TERLINE BEING THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER, DISTANT THEREON SOUT~ 89" 39' 15" WEST 733.00 FEET FROM ~ INTERSECTION T~EREOF WITH THE CENTERLINE OF IXDA~A STREET AS SHOWN ON S;LID ~AP AND RUNNING ~{ENCE SOUT}{ 0" 16' 55" EAST 359.42 FEET; THENCE ~{ORTH 89° 43' 05" FAST 358.00 FEET; THENCE SOUT~ 00 16' 55" EAST 1.0O FOOT; THENCE NORTH 89° 43'. 05" EAST 346 FEET TO THE EAST LINE OF SLID 44.074 ACRE PARCEL; THENCE NORTH 0° 16' 55" WEST ALONG SA~ID FAST LINE 341.19 FEET TO A CURVE IN THE BOLRTDARY OF SAID PARCEL CONCAVE SOUTHWESTERLy AND HAVING A RADIUS OF 20 FEET; /q{ENCE NORTHERLY ~ WESTERLY 31.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 03' 50 "; THENCE SOUTH 89° 39' 15" WEST A/X)~G THE NORTHERLy LINF OF SA~ID PARCEL 683.98 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED A~ FOLLOWS: BEGINNING AT THE NORTHEAST COR/T~R OF THE W~ST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY 40.00 FEET AJ~ONG T~E EAST LINE OF SAID WEST HALF; THENCE AT RIGHT ARGLES, WESTERLY 20.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 10.00 FEET; THENCE AT RIGHT ANGLES EASTERLY 10.00 FEET; TKENCE AT RIGHT ANGL~.S ~ORT}LERLY 10.00 FEET.