ARA1983-036RESOLUTION NO. ARA &3 -36
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING
AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA
(FRANK A. DUSEK, TRUSTEE).
The Anaheim Redevelopment Agency does hereby resolve and
determine, by a vote of not less than two - thirds of its members,
as follows:
Section I . 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, 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 Law of
the State of California (Part 1 of Division 24, Health and
Safety Code), including, but without limitation, Health and
Safety Code Section 33391(b).
Section II . 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 compatible with
the greatest public good and the least private
injury.
3. The hereinafter described real property, or
interest in real property, is necessary for
the proposed project.
4. The offer required by Section 7267.2 of the
Government Code has been made to the owner or
owners of record.
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
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the right to explore for and 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 City of Anaheim Redevelopment
Project Alpha as recorded in Book 10812, Page 27, of Orange
County Records, State of California and shall not penetrate any
part or 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 in Exhibit 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 III, 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 1240.510.
SECTION V
interest in real
constitutes a part
Agency is hereby
pursuant to Code
"remnant(s)" as def
In the event that any real
property, as described in
only of a larger parcel of
authorized to acquire by E
of Civil Procedure Section
ined in said Section.
property, or
Section III,
property, the
!minent domain
1240.410 any
SECTION VI . The law firm of Oliver, Stoever & Laskin,
special attorneys for the Agency, and William P. Hopkins,
General Counsel, are hereby authorized to prepare and prosecute
in the name of the Agency, such proceeding or proceedings in the
proper court having jurisdiction thereof, as are necessary for
such acquisition; and to prepare and file such pleadings,
documents, briefs, and other instruments, and to make such
arguments and to take such actions as may be 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 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).
THE FOREGOING RESOLUTION is approved and adopted by the
Anaheim Redevelopment Agency this 13th day of September ,
1983.
CHAIRffAN
ANAHEIM REDEVELOPMENT AGENCY
ATTEST:
SECRET. Y
ANAHEIM REDEVELOPMENT AGENCY
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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. ARA83 -36 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 13th day of
September, 1983, 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 13th day of September, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13th day of
September, 1983.
cz�LQ!<�
SECRETARY OF THE ANAHEI EDEVELOPMENT AGENCY
(SEAL)