2000-007 - Finding and Determining that the Public Interest, Convenience and Necessity

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24 traffic-carrying capacity and movement efficiency for this heavily traveled arterial. The added capacity this phase of the Project is to provide will greatly aid traffic circulation by reducing congestion and delay and accommodating projected future traffic increases. The Project will also enhance the aesthetic appearance of this Bristol Street by many design features including raised medians, additional landscaping both in front and behind the sidewalk, as further described in the Bristol Street Specific Plan which is incorporated herein by this reference as though fully set forth. b. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, California Code of Civil Procedure section 1240.010, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 4090, 5100, 5101, 5101.5, and 5102,, California Government Code section 23530.5, California Streets & Highways Code sections 943 and 4090(b), and other applicable law. 3. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about October 1, 1999. 4. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property. 5. That if any of the Property has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. 6. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 1 hereof. 7. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. 8. The City Attomey is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. ADOPTED this 7th day of February, 2000. Resolution No, 2000-007 Page 2 of 4