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2006-018 - Acquisition of Certain Real Property Located at 1300 West Walnut and 202 S. Bristol Street
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2006-018 - Acquisition of Certain Real Property Located at 1300 West Walnut and 202 S. Bristol Street
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Last modified
1/3/2012 12:27:24 PM
Creation date
4/11/2006 8:50:35 AM
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City Clerk
Doc Type
Resolution
Doc #
2006-018
Date
4/3/2006
Destruction Year
Perm
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<br />Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City <br />Council has determined that, after considering the record as a whole, there is no evidence <br />that the proposed project will have the potential for any adverse effect on wildlife resources <br />or the ecological habitat upon which wildlife resources depend. The proposed project <br />exists in an urban environment characterized by paved concrete, roadways, surrounding <br />buildings and human activity. Therefore, pursuant to Fish and Game Code 9711.2 and <br />Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not <br />required in conjunction with this project. <br /> <br />Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has <br />determined that the public interest, necessity, health, safety and welfare require the <br />acquisition by the City of Santa Ana of the specified interests in a portion of that certain <br />real property located at 1300 WEST WALNUT and 202 S. BRISTOL STREET (APN 007- <br />212-28 & 29) in the City of Santa Ana, California consisting of approximately 4,147 <br />square foot of property to be acquired in fee title (for right of way purposes), together <br />with approximately 890 square feet of property for a six (6) month temporary <br />construction easement (collectively referred to as "the Restaurant Property"). The <br />Restaurant Property is situated in the City of Santa Ana, County of Orange, State of <br />California, and more particularly described in Exhibit "A" which is attached hereto and <br />incorporated herein by reference and made a part hereof as though fully set forth <br />herein, for the public purposes hereafter set forth. <br /> <br />Section 4. The City hereby finds, determines and declares that the public <br />interest, convenience and necessity require the acquisition by said City of the Property <br />described in Section 3 above for the purposes of the Bristol Corridor Specific Plan <br />Project ("the Project") and related improvements. The location of the Project is between <br />Pine Street and Third Street for the widening of Bristol Street. Included in the project <br />will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and <br />raised median in a manner which will be most compatible to the greatest public good <br />and the least private injury. <br /> <br />Section 5. The taking of the interest in said Property as described in Section 3 <br />above is necessary for the public right of way and is authorized by Section 19 of Article I <br />of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana <br />Municipal Code 941-781; California Code of Civil Procedure section 1240.010, <br />1240.110, California Government Code sections 37350.5 and 40404, California Streets <br />and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. <br /> <br />Section 6. The offer required by Government Code section 7267.2 were made <br />to the appropriate party or parties with respect to the Restaurant Property on or about <br />August 3, 2005. <br /> <br />Section 7. Excepting the portion of the Property described in Section 3 above <br />for which the City will acquire only a temporary construction easement, the City hereby <br />declares that it is the intention of the City of Santa Ana to acquire in its name, in <br />accordance with the provisions of the laws of the State of California with reference to <br />condemnation procedures, all interests in and to said Property described in Section 3 <br />above. <br /> <br />Resolution No. 2006-018 <br />Page 2 of 4 <br />
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