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98-039
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Last modified
4/28/2015 12:12:03 PM
Creation date
6/26/2003 10:47:01 AM
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Template:
City Clerk
Doc Type
Resolution
Doc #
98-39
Date
9/8/1998
Document Relationships
98-057
(Amended By)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1998
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2'74 <br /> <br />RESOLUTION NO. 98~ 039 <br />PAGE 2 <br /> <br />both sides of a portion of Bristol Street between McFadden Avenue <br />and St. Andrew Place, including the referenced portion of Bristol <br />Street, to add an additional lane in each direction. The location <br />of the Project is planned in a manner which will be most <br />compatible to the greatest public good and the least private <br />injury. Providing six travel lanes will significantly improve the <br />vehicular traffic-carrying capacity and movement efficiency for <br />this heavily traveled arterial. The added capacity which this <br />fully-improved six-lane divided road will provide will greatly aid <br />traffic circulation by reducing congestion and delay and <br />accommodating projected future traffic increases. <br /> <br /> The taking of the interest in said Billboard Property as <br />above described is necessary for the public right of way and is <br />authorized by Section 19 of Article I of the California <br />Constitution, Section 200 of the Santa Ana Charter, California <br />Code of Civil Procedure section 1240.010, Government Code sections <br />37350.5 and 40404, Streets and Highways Code sections 4090, 5100, <br />5101, 5101.5, and 5102, and other applicable law. The pole <br />supporting the billboard extends into the public right of way and <br />will overhang a portion of the new public sidewalk if not removed. <br />In addition, failure to remove the billboard would disrupt <br />construction activities by potentially interfering with large <br />construction equipment to be used on the Project. <br /> <br /> 3. The offers required by Government Code section 7267.2 <br />were made to all those claiming ownership of the Billboard <br />Property on or about June 30, 1998. <br /> <br /> 4. The City hereby declares that it is the intention of <br />the City of Santa Ana to acquire in its name in accordance with <br />the provisions of the laws of the State of California with <br />reference to condemnation procedures all interests in and to said <br />Billboard Property. <br /> <br /> 5. That if any of the Billboard Property has been <br />appropriated for some public use, the public use to which it is to <br />be applied and taken under this proceeding is a more necessary and <br />paramount public use. <br /> <br /> 6. Said Billboard Property is located within the City of <br />Santa Aha, County of Orange, State of California, and is more <br />particularly described in Section 1 of this Resolution. <br /> <br /> 7. The City of Santa Ana is authorized to acquire by <br />eminent domain as provided in the California Code of Civil <br />Procedure. <br /> <br /> 8. The City Attorney is hereby authorized'and directed to <br />prepare, institute and prosecute in the name of the City such <br />proceedings, in the proper court having jurisdiction thereof, as <br />may be necessary for the acquisition of the interests in said <br /> <br /> <br />
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