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CM:ms <br />3/10/Sl <br /> <br />RESOLUTION NO. 81-40 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA FINDING AND DETERMINING THAT THE <br />PUBLIC INTEREST AND NECESSITY REQUIRE THE <br />ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL <br />PROPERTY AT 1002 E. SANTA ANA BOULEVARr., <br />SANTA ANA FOR INTERCITY COMMUTER STATION <br />AND AUTHORIZING AND DIRECTING CONDEM3~ATION <br />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 Aha pursuant to and in compliance with <br />requirements of S1245.235 Code of Civil Procedure; and <br /> <br /> WHEREAS, the City Council of the City of Santa Aha <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 S1240.030 Code of Civil Procedure. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council <br />of the City of Santa Ana, 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 Ana 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" attsched <br />hereto and by reference incorporated herein as though set <br />forth in full herein for public use, namely for an intercity <br />commuter station 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 />SS40404 et seq. of the Government Codej " The <br />City Attorney of the City of Santa Aha is hereby directed to <br />bring action in the Superior Court of the State of California <br />in the name of the City of Santa Ana, to acquire by eminent <br />domain proceedings, the fee simple estate in said real <br />property for the aforesaid purposes. The City Attorney is <br />authorized and instructed to do all things necessary for the <br />acquisition of said real property including the making of <br />application to said court for an order fixing the amount of <br /> <br /> <br />