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ARA1992-23RFSOLUTION NO. ARA 92- A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERT~ LOCATED IN REDEVELOPMENT PROJECT AREA ALPHA It is hereby found, determined and resolved by the Anaheim Redevelopment Agency ("Agency") by a vote of not less than two- thirds of its members, as follows: SECTION 1: The acquisition of that certain real property located in Redevelopment Project Area Alpha and described herein is for the following public use: street widening for redevelopment purposes in connection with the Alpha Redevelopment Project (hereinafter referred to as the "Redevelopment Project"). The Redevelopment Plan for Project Area Alpha was adopted by the City of Anaheim on July 19, 1973 by Ordinance No. 3190. The Redevelopment Plan, including all amendments thereto, together with the staff reports and all other evidence presented to the Agency Board at the time the Redevelopment Plan was adopted, is incorporated herein by this reference and made a part hereof as though fully set forth herein. The Agency is authorized to acquire the hereinafter described real property pursuant to the Community redevelopment Law of the State of California (Part 1 of Division 24, Health and Safety Code), including, without limitation, Health and Safety Code Section 33391(b). SECTION 2: That the real property, or interest in real property, which is required for the purposes referenced herein is situated in Redevelopment Project Area Alpha, County of Orange, State of California, and is more specifically outlined in the legal description and map attached hereto as Exhibits "A" and "B" incorporated herein by this reference. SECTION 3: On the basis of the information contained in the report to the Agency dated October 27, 1992, which is incorporated herein by this reference, and all other evidence and testimony presented to the Agency either prior to or on this date, the Agency declares that it has foun~ and determined each of the following: 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 real property or interest in real property 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 Agency hereby declares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain. The law firm of Oliver, Barr & Vose is hereby authorized to bring an action in the Superior Court of the State of --2-- California for the County of Orange, in the name of the Anaheim Redevelopment Agency, against all owners and claimants of the property described herein to condemn the fee title to said property for street widening for redevelopment purposes, excepting and reserving to the owner thereof all oil, gas and mineral substances, together with the right-to explore for an extract such substances, provided that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting such substances shall not be located within the aforesaid redevelopment 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 to 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, Sections 1230.010-1273.050). SECTIO~ 5: In the even that any real property, or interest in real property, as described in Section 4, constitutes a part only of a larger parcel of property, the Agency is hereby authorized to ~cquire by eminent domain pursuant to Code of Civil Procedure Section 1240.410 any "remnant(s)" as defined in said section. SEC?ION 6: The Agency Secretary shall certify to the adoption of this Resolution. -3- APPROVED AND ADOPTED this 3rd day of Novembe~ , 1992. ATTEST: Secretary (SEAL) I, Leonora N. Sohl , Agency Secretary do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Anaheim Redevelopment Agency on the 3rd day of November , 1992 and was adopted by the following vote: AYES: MEMBERS: Simpson, Ehr~le, Pickler, Daly and Hunter NOES: MEMBERS: None ABSENT: MEMBERS: None ABSTAINED: MEMBERS None Agency Secretary A5CONDEM.SRT -4- EXHIBIT "A" J.N. 5413.1284 APRIL 13, 1992 6300-08 AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, AND ACROSS THE FOLLOWING DESCRIBED LAND: THAT REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, WHICH IS A PORTION OF PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO 112 RECORDED JULY 20, 1983 AS INSTRUMENT NO. 83-312047 OF OFFICIAL RE~ORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 89°59'10'' EAST 95.32 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 00o00'50'' EAST, 12.00 FEET; THENCE LEAVING SAID LINE SOUTH 89°59'10'' WEST, 95.23 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID WESTERLY LINE NORTH 00o27'00'' WEST, 12.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1143.3 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. M ARTY, R.C.E. 23126 EXPIRES DECEMBER 31, 1993 fl'It, BCL. ! L LA NO. IIZ INb'T?, N~. ~3- 5 IZ 6~7 0. ~. I~XHIBIT CITY OF ANAHEIM PUBLIC WORKS