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ARA1982-039RFSOLUTTON ARA 82 - A PHI-SOLUTION OF THE, AMMIRTM REDEVELOPMENT AGENCY FINDING AND DETERMINING TIII: PUBLIC INTEREST AND NECESSITY F013 ACQUIRING AND AUTHORIZING THE, CONDEMNATION OF CERTAIN REAL PROPERTY WITIiIN TIIE 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: SECTIOI4 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, Pagre 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 Law of the State of California (Part 1 of Divi- sion 2 Health and Safety Code), including, but without limitation, Health and Safety Code Section 33391(b). SECTIO II . The Anaheim Redevelopment Agency finds and determines that: 1. The public interest and necessity require the proposed pro.j ect . 2. 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. 3. The hereinafter described real pronerty, or Interest in real property, is necessary for the proposed pr. o,i ect . SECTION III That the Anaheim Redevelopment Agency is hereby authorized and embowered 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- s the right to e4plore for and extract such _uhs tance2, provider! that the surface opening of any well, hole, shaft, or other means of exploring for, reaching or extracting .,each substances shall not be located within the City of Anaheim redevelopment, project ALPHA as recorded in Book IMP, Page 27, of Orange County Records, State of California and shall 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 property is generally located and specifically described on Fxhihit A., attached hereto and i.ncorpnrated by reference herein. SECTION TV . 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 eminent domain, said property pursuant to Code of Civil Procedure Section 1240.40. SECTION V . In the event that any real property, or interest in real property, as described in Section ITI, constitutes a part only of a larger parcel of property, the Agency is hereby authorized to acouire by eminent domair pursuant to Code of Civil Procedure Section 12&n.Aln any "remnant(s)" as defined in said section. SECTION VI . The law firm of Oliver, Stoever °• Laskin, special attorneys for the Agency, and Willin,T P. Hopkins, General Counsel, are hereby authorized to rrenare and prosecute In the name of the Agency, such nroceedir - nr nro- ceedi.ngs in the proper court having jurisdiction therrnp, a are necessary for such acquisition; and to prepare ard File such pleadings, documents, briefs and other instrument -, and to make such arguments and to take such actions as may Y necessary In the opinion of said attorneys to acquire for sair' 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 c= California (Code of Civil Procedure, Title 7, "hapters Sections 1230.010 - 12.73.050). THF FORE rOING RESOLUTTOFF is anp.roved and adorted Yy the Anaheim Redevelopment Agency this 20th day of July, 1982. CHAIR " "A v ` ANAHEIM REDF.VF.LOPMF. NT AGENCY ATTEST: S .CR TARY ANAHEIM REDEVELOPMENT .AGENCY PIE S / f m 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 -39 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 20th day of July, 1982, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth 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 20th day of July, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of July, 1982. SECRETAR OF THE ANAHEIM V AGENCY (SEAL) EXHIBIT A PARCEL 1: The Easterly 21.83 feet of Lot 5 and the Westerly 3.53 feet of Lot 4 of the resubdivision of the Northerly part of Block "A" of the Center Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 3 Page 22 of Miscellaneous Maps, in the office of the County Recorder of said County. PARCEL 2: TOGETHER with that portion of Lincoln Avenue adjoining Parcel 1 on the North and that portion of the unnamed alley adjoining Parcel 1 on the South that would pass with a conveyance of said Parcel 1.