ARA1982-010RESOLUTTON ARA82 -10
A RI-:;OLUTTON OF THE AHAIIRTil REDEVELOPMENT
AGENCY FINDING AND DETERHIHINO THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OIL' CERTAIN
REAL PROPERTY WITHIN TILE REDEVELOPMENT
PROJECT AREA.
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 ALPHA as recorded in Book 10812, Pare 27
of Orange County Records, State of California. The Agency is
authorized to acquire the hereinafter described real pronerty,
or interest in real property, pursuant to the Community
Redevelopment La.w of the State of California (Part 1 of nivi-
sion 2 Health and Safety Code), including;, but without
limitation, Health and Safety Code Section 33391(b).
SECTION I The Anaheim Redevelopment Agency finds
and determines that
1. The public interest and necessity require
the proposed project.
2. The proposed project is planned or located
in the manner that will be most compatihle
with the greatest public good and the least
private injury.
3. The hereinafter described real property, or
interest in real property, is necessary her
the proposed project.
SECTION III 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
ATTY - 43 Page 1
the right to explore for and extract such _ub, tancPn, provided
that the surface opening of any well, hole, ,haft, or other
means of exploring for, reaching or extractlrr „each sut; stances
shall not be located within the City of Anaheim redevelopment,
project ALPHA as recorded in Bool, 10'12, Pare 27, of Orange
County Records, State of California and shall. not penetrate
any part of portion of said project area within M feet of
the surface thereof.
The said real property or interest in real nronerty
Is r.enerall,y located and specifically described on Fxhihit A,
attached hereto and incorporated by reference herein.
SECTION IV . In the event that any real property,
or interest In real property, as described in Section ITI, is
devoted to a public use, the Agency is hereby authorized to
acquire by emi.ner.t 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 III,
constitutes a part only of a larger parcel of property, the
Agency is hereby authorized to acquire by eminent domair
pursuant to Code of Civil Procedure Section 124n.liln any
"remnant(s)" as defined in said section.
SECTION VI . The law firm of Oliver, Stoever Q,
Laskin, special attorneys for the Agency, and Willin^- P.
Hopkins, General Counsel, are hereby authorized to rrenare and
prosecute in the name of the Agency, such nroceedir- r -)- nro-
ceedings in the nroper court having Jurisdiction th�rF ", ?s
are necessary for such acquisition; and to prepare ar.i file
such pleadings, documents, briefs and other Instrument;-, and
to make such arguments and to take such actions as may re
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 avail-
able to them under the Eminent Domain Law of the State o-
California (Code of Civil Procedure, Title 7, Chapters
Sections 1230.010 - 1273.050).
THE FORE xOING RESOLUTION is approved ar.d adopter'. "ry
the Anaheim Redevelopment Agency this 9th day ofj�ch, 1982.
AHEIM REDF.VF.L AGENCY
ATTEST:
S .CRETAR
ANAHEIM REDEVELOPMENT AGFNCY
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. ARA82 -10 was passed and
adopted at a regular meeting of the Anaheim Redevelopment Agency held on
the 9th day of March, 1982, 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 9th day of March, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of
March, 1982.
ab e4L'gza -
SECRETAR OF THE ANAHEI REDEVELOPMENT AGENCY
(SEAL)
EXHIBIT A
The fee title, or any lesser interest therein, which is necessary
to vest clear title in and to the fee to the subject property
described as:
LOT 4 AND THE SOUTHERLY 5.00 FEET OF LOT 3 IN BLOCK D
OF THE SUBDIVISION OF ANAHEIM VINEYARD LOT D3, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 34 PAGE 592 OF DEEDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL OIL, GAS, AND OTHER HYDROCARBON AND MINERAL
SUBSTANCES IN AND UNDER SAID PROPERTY, BUT WITHOUT ANY
RIGHT TO PENETRATE, USE OR DISTURB THE PROPERTY WITHIN
500 FEET OF THE SURFACE THEREOF, AS RESERVED IN THE DEED
FROM FIRST AMERICAN TRUST COMPANY, TRUSTEE UNDER TRUST
NO. P -708 RECORDED JULY 1, 1980.