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RESOLUTION NO. 76- 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET WIDENING AND DRAINAGE FACILITIES IN THE SILVER ACRES AREA OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, in order to provide for better and safer traffic circulation and provide adequate drainage facilities, it has become necessary to widen and improve certain streets, including Cooper Street; and to acquire right of way as necessary for the construction, installation and maintenance of drainage facilities within the Silver Acres area of the City of Santa Ana. WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the property described herein, and all persons whose names appear as record owners on the litigation guarantee reports for said property, were given notice and an opportunity to be heard pursuant to Code of Civil Proce- dure Section 1245.235; and WHEREAS, a public hearing was held by the City Council on Septembe~ 20, 19 ?6 , at which the matters set forth in Code of Civil Procedure Section 1240.030 were ~i-scussed, including the following matters: (a) Whether the public interests and necessity require the proposed project; (b) Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property described herein is necessary for the proposed project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana that it finds and determines the following: 1. The City is specifically authorized by virtue of Gover)vment Code Code Section 40404 et seq. amd Streets and Highways Code Sections 5023.1 and 5101 to take property by condemnation for street widening purposes; and 2. The public interest and necessity require for public use the acquisition, construction, completion, operation and maintenance by said City of Santa Ana, of certain public improvements, to wit: A right of way for street widening purposes. 3. The property described herein is located within the City of Santa Aha as depicted by the maps and legal descriptions attached hereto as EXhibits A, B, and C, and incorporated herein by reference, and is necessary for the proposed project. Said property is more particularly described as follows. Legal Description of A.P. 99-231-16, Parcel 1 A temporary easement for construction purposes over: The Southerly 20 feet of the Northerly 26 feet of the East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5, South, Range l0 West, SBB&M. Excepting therefrom the Westerly 30 feet thereof.