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buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 800-810 East Dyer Road in the City of Santa Ana, California consisting of approximately 400 square feet of property to be acquired in fee title (for right of way purposes), together with approximately 400 square foot temporary construction easement (collectively referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of Califomia, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the Dyer Road Widening Project ("the Project") and related improvements. The location of the Project is between Main Street and Grand Avenue provides rehabilitation and reconstruction of existing pavements and replacement of damaged curb, gutter and sidewalks. In addition to the rehabilitation of existing road a right-turn-only lane will be provided to facilitate the traffic flow to the southbound SR-55 on-ramp in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. 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, Santa Ana Municipal Code §41-78; California Code of Civil Procedure section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 5100, 5101, 5101.5, and 5102, California Government Code section 23530.5, California Streets & Highways Code section 943, and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about October 9, 2001. Section 7. Excepting the portion of the Property for which the City will acquire only a temporary construction easement, 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. Section 8. 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. Resolution No. 2002-017 Page 2 of 5