AHA-1987-017RESOLUTION AHA$7 -17
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
FINDING AND DETERMINING THE PUBLIC INTEREST
AND NECESSITY FOR ACQUIRING AND AUTHORIZING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
WITHIN THE HOUSING PROJECT AREA. (DEWAN)
The Anaheim Housing Authority 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 substandard housing
and for the provision of the decent, safe and sanitary housing for
persons of low income. The Authority is empowered 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 Sections
34315 (d) and 34325.
The public use for which Anaheim Housing Authority seeks
to acquire the hereinafter described real property is a more
necessary public use than the public use to which any portion of
said real property may be appropriated. Reference is made to
California Code of Civil Procedure Section 1240.610.
SECTION II. The Anaheim Housing Authority 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 Housing Authority is
hereby aut orize and empowered to acquire by condemnation in the
name of the Anaheim Housing Authority to be used for said
elimination of substandard housing 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 fifty percent (500) of the
oil, gas and mineral substances, together with the right to
explore for and extract such substances below the depth of five
hundred (500) feet, together with the right to explore for and
extract such substances, however, without the right of entry
thereon.
All of the said real property or interests in real
property are generally located and specifically described on
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 Authority is hereby authorized to acquire by
eminent domain, said property pursuant to Code of Civil Procedure
Section 1240.610.
SECTION V. In the event that any real property, or
interest in real property, as described in Section III,
consti -tutes a part only of a larger parcel of property, the
Authority 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.
SECTIO VI. The law firm of Oliver, Stoever, Barr &
Einboden, special ttorneys for the Authority, and Jack L. White,
General Counsel, are hereby authorized to prepare and prosecute in
the name of the Authority, 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 Authority 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 Housing Authority this lst day of December, 1987.
- &4" &
HAIRMA
ANAHEIM HOUSING AUTHORITY
ATTEST:
SECRETARY
A NAH ' a HOUSING AUTHORITf
JWF /jb
2085L
110387 -2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Housing Authority, do hereby
certify that the foregoing Resolution No. AHA87 -17 was passed and adopted at a
regular meeting of the Anaheim Housing Authority held on the lst day of
December, 1987, by the following vote of the members thereof:
AYES: AUTHORITY MEMBERS: Hunter, Pickler, Kaywood and Bay
NOES: AUTHORITY MEMBERS: None
ABSENT: AUTHORITY MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Chairman of the Anaheim Housing Authority
signed said Resolution on the lst day of December, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this lst day of
December, 1987.
�• SECRETARY OF THE ANAHEIM HVSING AUTHORITY
(SEAL)