2020-099 - Acquisition of Certain Real Property

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Section 3. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Project will have the potential for any significant adverse effect on fish and wildlife. The Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, the payment of Fish and Game Department filing fees is not required in conjunction with this Project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed Project. B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The Property located at 215 East Warner Avenue (APN 403-142-15), as described in Exhibit A, is necessary for the Project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience, and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 1 of the City's Warner Avenue Improvements Project. The location of the Project is between Main Street and Oak Street for the widening of Warner Avenue. Included in the Project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance witexhibith the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Resolution No. 2020-099 Page 2 of 4