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ARA1979-084RESOLUTTON AT?A'7. 9-- 8 A PHI-SOLUTION OF TIfE ANAURTM RRDEVELOPMENT AGENCY FINDING AND DETI?,RMIIJING THE PUBLIC INTEREST AND NECESSITY 1-013 ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CFRTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (NUGENT ENTERPRISES) The Anaheim Redevelopment Agency does hereby resolve and determine, by a vote of not less than two - thirds of its members,>as follows: SECTION 1 . 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: For the elimination of blight and for redevelopment purposes in connection with the City of Anaheim redevelopment project ALPIIA as recorded in Book 10812, Page 27 of Orange County Records, State of California. The Agency is authorized to acquire the hereinafter described real property, or interest in real property, pursuant to the Community Redevelopment I,aw of the State of California (Part 1 of Divi.- sion 2 1 1, Health and Safety Code), including, but without limitation, Health and Safety Code Section 333.91(b). SECTION II. The Anaheim Redevelopment Agency finds and determines that: 1. The public interest and necessity require the proposed project. 2. The proposed pro,iect is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The hereinafter described real property, or interest in real property, is necessary Cor the proposed project. SECTION I II. 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 elimination of blight and for redevelopment purposes in accordance with the provisions of the Code of Civil Procedure, the Health and Safety Code, 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, excepting; and reserving* to the owners thereof all oil, gas and mineral substances, together with -1- the ri.r.ht. to explore for and extract r,uch tzh. > tance °, provide-? that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extractinr ,,each sut ;stances shall not be located within the City of Anaheim redevelnPmert project ALPHA as recorded in Book Page 27, of Orange County Records, State of California and cha.11. not penetrate any part of portion of said project area within 500 feet, of the surface thereof. The said real property or interest in real pronertyy is generally located and specifically described on F'xhihit A, attached hereto and incorporated by reference herein. SECTION IV . In the event that any real nropert.y, or interest in real property, as described in Section ITI, is devoted to a public use, the Agency is hereby authorized to acquire by eminent domain, said property pursuant to Code of Civil Procedure Section 1240.(10. SECTION V . In the event that any real property, or interest in real property, as described in Section ITI, constitutes a hart only of a larder parce-1 of property, the Agency is hereby authorized to acouire by eminent domair pursuant to Code of Civil Procedure Section 1240. any "remnant(s)" as defined in said section. SECTION VI . The law firm of Oliver, Stoever 4, Laskin, special attorneys for the Agency, and Willia.- P. Hopkins, General Counsel, are hereby authorized to irepare and prosecute in the name of the Agency, such nroceedin° n- prn- ceedings in the proper court having jurisdiction thenF"` ?s are necessary for such acquisition; and to prepare art! file such pleadings, documents, briefs and other instrument.. ^, and to make such arguments and to take such actions as may Ye necessary in the opinion of said attorneys to acquire for said Agency the said real pronert Said attorneys are specifically authorized to take whatever steps and /or procedures are avF.il- able to them under the Eminent Domain Law of the State o`' California (Code of Civil Procedure, Title 7, �'hapters Sections 1230.010 - 1273.050). THE FOREGOING RESOLUTION is approved ar.d adortec? 'r,y the Anaheim Redevelopment Agency this 14th c?av of August, 1979. NAFFTM R,EDFVPnPT1F,:NT AGENCY ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY MES: fm ATTY - 43 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, Secretary of the Anaheim Redevelopment Agency, do hereby.. certify that the foregoing Resolution No. ARA79 -84 was passed and adopted, at a regular meeting of the Anaheim.-Redevelopment Agency.held on the 14th day of August, 1979, by the following vote.of the .members thereof: AYES: AGENCY MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the-Chairman of the Anaheim Redevelopment Agency signed said Resolution on the.14th day of August, 1979. IN WITNESS WHEREOF, I have hereunto.set my hand and seal this 14th day of August, 1979. SECRETAkY OF THE ANAHE REDEVELOPMENT AGENCY (SEAL) General Location STREET ADDRESS: Northeast Corner of Harbor and Broadway All that certain real property in the City of Anaheim, County of Orange, State of California being a portion of Parcel, l of a map filed in Book 27, Page 11 of Parcel Maps, in the Office of the County Recorder of said county described as follows: Beginning at the point of intersection of the Westerly line of said Parcef 1 and the Northerly line of the Southerly 206.00 feet of said Parcel 1; thence along said Westerly line South 14 25' 44" East 44.37 feet to the point of cusp of a curve concave Easterly having a radius of 990.00 feet; thence Northerly along said curve through .a central angle of 2 34' 08" an arc distance of 44.39 feet to a point on said Northerly line of the Southerly 206.00 feet of Parcel 1 which bears North 75 25' 21" East 0.99 feet from the point of beginning; thence along said Northerly line . South 75 25' 21" West 0. feet to the Point of Beginning. E % I ...... .....••. . ... K ............ L. ..... - ....�