ARA1992-21RF OLUTION NO. ARA 92-2
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING
AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO
CONDEMN CERTAIN REAL PROPERTY 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 Z= That the real property, or interest in real
property, which is required for the DurDoses 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
incorDorated 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 found 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).
SECTION 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 acquire by eminent domain pursuant to Code of Civil
Procedure Section 1240.410 any "remnant(s)" as defined in said
section.
SECTION
The Agency Secretary shall certify to the
adoption of this Resolution.
-3-
APPROVED AND ADOPTED this 27th day of October , 1992.
ATTEST:
Secretary
(SEAL)
I, Leonora N, ~oh! , Agency Secretary do hereby
certify that the foregoing Resolution was introduced at a regular
meeting of the Anaheim Redevelopment Agency on the . 27th day
of October , 1992 and was adopted by the following vote:
AYES: MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: MEMBERS: None
ABSENT: MEMBERS: None
ABSTAINED: MEMBERS None
Agency Secretary
A5CONDEM.SRT
-4-
J.N. 5413.1284
APRIL 23, 1992
6200-03
EI~IBIT "A"
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE
FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 18 OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF TUSTIN AVENUE AND LA PALMA AVENUE AS
SHOWN ON SAID PARCEL MAP; THENCE ALONG THE CENTERLINE OF SAID LA PALMA AVENUE
SOUTH 87°43'30'' EAST 341.85 FEET; THENCE AT RIGHT ANGLES THERETO NORTH 02o16'30''
EAST 53.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE
SOUTHWESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE WESTERLY LINE OF SAID
PARCEL NORTH 02016'30'' EAST, 12.00 FEET;
THENCE SOUTH 87043'30" EAST, 18.15 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1878.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03o13'52'' AN ARC
DISTANCE OF 105.91 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL~
THENCE ALONG SAID LINE SOUTH 02016'30" WEST, 9.01 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL;
THENCE ALONG SAID ~INE NORTH 87°43'30'' WEST, 124.00 FEET TO THE TRUE POINT OF
BEGINNING. ~.'
CONTAINING 1382--SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART
HEREOF.
EXPIRES DECEMBER 31, 1993