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99-071 - Finding and Determining that the Public Interest, Convenience and Necessity Require
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99-071 - Finding and Determining that the Public Interest, Convenience and Necessity Require
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1/3/2012 12:30:02 PM
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6/26/2003 10:47:02 AM
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City Clerk
Doc Type
Resolution
Doc #
99-71
Date
11/1/1999
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Resolution No. 1999- <br />Page 2 of 6 <br /> <br />purposes of the Seventeenth Street at SR-55 Approach Project ("the Project") and <br />related improvements. The current phase of the Project entails creating acceleration <br />and deceleration lanes for entrance to and exit from the southbound SR-55 and <br />related improvements. The location of the Project is planned in a manner which will <br />be most compatible to the greatest public good and the least private injury. <br />Providing these improvements will significantly improve the vehicular traffic- <br />carrying capacity and movement efficiency for this heavily traveled arterial and the <br />SR-55 freeway. The added capacity this phase of the Project is to provide will <br />greatly aid traffic cimulation by reducing congestion and delay and accommodating <br />projected future traffic increases. In addition, a 20 x 20 foot portion of the :Property <br />must be set aside, in conformance with the Urban Design Element of the City's <br />General Plan, as a site for a future work of public art. <br /> <br /> b. The City further f'mds, determines and declares that the remnant of the <br />Property, after the required take, will be left in such size, shape or condition to be of <br />little market value such that the City is entitled to acquire the entire parcel. Among <br />other facts, the remnant would be less than the minimum lot size for the zoning <br />district in which the property is located, and it is unlikely that the City would grant a <br />variance of the minimum lot size development standard for any future use proposed <br />for the remnant of the Property. <br /> <br /> c. The taking of the interest in said Property as above described is <br />necessary for the public right of way and is authorized by Section 19 of Article I of <br />the California Constitution, Section 200 of the Santa Ana Charter, California Code of <br />Civil Procedure section 1240.010, California Government Code sections 37350.5 <br />and 40404, Streets and Highways Code sections 4090, 5100, 5101, 5101.5, and <br />5102, California Code of Civil Procedure sections 1240.410 - 1240.430, <br />inclusive, California Government Code section 23530.5, California Streets & <br />Highways Code sections 943 and 4090(b), and other applicable law. <br /> <br /> 3. The offers required by Government Code section 7267.2 were made to <br />the appropriate party or parties on or about July 20, 1999, and a revised offer was <br />made on or about September 1, 1999. <br /> <br /> 4. The City hereby declares that it is the intention of the City of Santa <br />Ana to acquire in its name, in accordance with the provisions of the laws of the State <br />of California with reference to condemnation procedures, all interests in and to said <br />Property. <br /> <br /> <br />
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