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CM:ms <br />4/30/80 <br /> <br />RESOLUTION NO. 80-83 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA FINDING AND DETERMINING <br />THAT THE PUBLIC INTEREST AND NECESSITY <br />REQUIRE THE ACQUISITION BY EMINENT DOMAIN <br />OF CERTAIN REAL PROPERTY AT 938 EAST <br />2nd STREET SANTA ANA FOR STREET WIDENING <br />PURPOSES AND AUTHORIZING AND DIRECTING <br />CONDEMNATION THEREOF <br /> <br /> WHEREAS, legal notice of intention to adopt a <br />resolution of necessity to acquire the herein described real <br />property by eminent domain was duly given by the City Council <br />of the City of Santa Ana pursuant to and in compliance with <br />requirements of ~1245.235 Code of Civil Procedure; and <br /> <br /> WHEREAS, the City Council of the City of Santa Ana <br />held a public hearing on those matters specified in its <br />notice of intention to adopt a resolution of necessity and <br />referred to in §1240.030 Code of Civil Procedure. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council <br />of the City of Santa Aha, as follows: <br /> <br /> 1. The City Council finds and determines that the <br />public interest and necessity require the acquisition by the <br />City of Santa Aha of the fee simple title to that certain <br />real property located in the City of Santa Ana, County of <br />Orange, State of California, described in Exhibit "A" attached <br />hereto and by reference incorporated herein as though set <br />forth in full herein for public use, namely for street <br />widening purposes and related public uses. <br /> <br /> 2. The City Council finds and determines that <br />said proposed public project is planned and located in the <br />manner that will be most compatible with the greatest public <br />good and the least private injury. <br /> <br /> 3. The City Council finds and determines that the <br />acquisition of said real property is necessary for said <br />project and public use. <br /> <br /> 4. The City Council further finds and determines <br />that it is necessary to acquire by eminent domain proceedings <br />the fee simple estate in said real property for the aforesaid <br />public purposes. The City of Santa Ana is authorized to <br />acquire said real property by eminent domain pursuant to <br />§~40404 et seq. of the Government Code and ~§5023.1 and 5101 <br />of the Streets and Highways Code. The City Attorney of the <br />City of Santa Ana is hereby d-~cted to bring action in the <br />Superior Court of the State of California in the name of the <br />City of Santa Ana, to acquire by eminent domain proceedings, <br />the fee simple estate in said real property for the aforesaid <br />purposes. The City Attorney is authorized and instructed to <br />do all things necessary for the acquisition of said real <br />property including the making of application to said court <br /> <br /> <br />