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Item 31 - Real Property Acquisition for Warner Avenue Street Improvements
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Item 31 - Real Property Acquisition for Warner Avenue Street Improvements
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
31
Date
1/17/2023
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EXHIBIT 3 <br />RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA <br />ANA FINDING AND DETERMINING THAT THE PUBLIC <br />INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE <br />ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN <br />THE CITY OF SANTA ANA AT 2245 SOUTH HALLADAY STREET <br />(APN NO. 016-105-19) FOR THE WARNER AVENUE <br />IMPROVEMENTS PROJECT <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. On January 17, 2023, the City Council of the City of Santa Ana, after <br />written notice duly provided to all those claiming ownership in the property described <br />hereafter, as they appeared on the last equalized County assessment roll, held a hearing <br />pursuant to California Code of Civil Procedure section 1245.235 for the purpose of <br />allowing the owners thereof a reasonable opportunity to be heard on the following <br />matters: <br />A. Whether the public interest and necessity requires the project described <br />above ("Project"); <br />B. Whether the Project is planned or located in a manner which is most <br />compatible with the greatest public good and the least private injury; <br />C. Whether the property proposed to be acquired is necessary for the Project; <br />D. Whether the offer required by California Government Code section 7267.2 <br />has been made; <br />E. Whether the City has complied with all conditions and statutory <br />requirements necessary to exercise the power of eminent domain to acquire <br />the property described herein, as well as any other matter regarding the <br />right to take said property by eminent domain; and <br />F. Whether the City has statutory authority to acquire the property by eminent <br />domain. <br />Section 2. The City Council has, as a result of its consideration and the <br />evidence presented at the hearings on this matter, and in accordance with the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the <br />proposed project has been adequately evaluated in the previously prepared Final <br />Environmental Impact Report (SCH No. 2012101004). On the basis of this review, the <br />City Council finds that there is no evidence from which it can be fairly argued that the <br />Project will have a significant adverse effect on the environment. <br />Resolution No. 2023-XXX <br />Page 1 of 4 <br />
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