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060 <br /> <br />RESOLUTION NO. 90-112 <br />PAGE 2 <br /> <br /> 1. The public use for which the property is to be <br />taken is the widening of West McFadden Avenue ("proposed <br />project") . <br /> <br /> 2. The City is authorized to acquire the property <br />by eminent domain by Section 4090 of the Streets & <br />Highways Code of the State of California, and by Sections <br />37350.5 and 40404 of the California Government Code. <br /> <br /> 3. The property sought to be taken is more <br />particularly described as set forth in Exhibit "A." A <br />map showing the location of the area sought to be taken, <br />is attached hereto as Exhibit "B" and incorporated herein <br />by reference. <br /> <br /> 4. The public interest and necessity require the <br />proposed project. <br /> <br /> 5. The proposed project is planned or located in <br />the manner that will be most compatible with the greatest <br />public good and the lease private injury. <br /> <br /> 6. The property described herein is necessary for <br />the proposed project. <br /> <br /> 7. The offer required by Section 7267.2 of the <br />Government Code of the State of california has been made <br />to the owner or owners of record of the property. <br /> <br /> 8. If the property described herein is appropriated <br />to a public use, the City is authorized to acquire it <br />pursuant to Code of civil Procedure Section 1240.610. <br /> <br /> BE IT FURTHER RESOLVED that as specific findings of fact in <br />support of paragraphs 1 through 8 hereinabove, the City Council <br />adopts and incorporates herein by reference, the staff report dated <br />November 1, 1990. <br /> <br /> BE IT FURTHER RESOLVED that the City Attorney of the City of <br />Santa Ana is hereby directed to bring an action in the Superior <br />Court of the State of California in the name of the City of Santa <br />Ana, to acquire by eminent domain proceedings, an easement in, to <br />and over said real property for the aforesaid purposes. The City <br />Attorney is authorized and instructed to do all things necessary <br />for the acquisition of said easement, including the making of <br />application to said court for an order fixing the amount of <br />security by way of money deposit as said court may direct and for <br />an order permitting the City of Santa Ana to take possession and <br />use of said real property for the uses and purposes herein <br />described. <br /> <br /> <br />