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Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR") <br />section 735.5(c)(1), the City Council has determined that, after considering the record <br />as a whole, there is no evidence that the proposed project will have the potential for any <br />adverse effect on wildlife resources or the ecological habitat upon which wildlife <br />resources depend. The proposed project exists in an urban environment charakterized <br />by paved concrete, roadways, surrounding buildings and human activity. Therefore, <br />pursuant to Fish and Game Code section 711.2 and Title XIV, CCR section 735.5(a)(3), <br />the payment of Fish and Game Department filing fees in not required in conjunction with <br />this project. <br />Section 5. The City Attorney is hereby authorized: <br />A. To acquire in the name of the City of Santa Ana, by condemnation, the <br />property described in Exhibit 1, attached hereto and incorporated herein by <br />this reference in accordance with the provisions of the California Eminent <br />Domain Law and the Constitution of California. <br />B. To acquire the property in fee simple absolute unless a lesser estate is <br />described in Exhibit 1, herein. <br />C. To prepare or have prepared and to prosecute in the name of the City such <br />proceedings in the proper court as are necessary for such acquisition. <br />D. To deposit the probable amount of compensation based on an appraisal, and <br />to apply to said court for an order permitting the City to take immediate <br />possession and use of said property for said public uses and purposes. <br />Section 6. This Resolution shall take effect immediately upon its adoption by the <br />City Council, and the Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />Adopted this day of <br />2010. <br />Miguel A. Pulido <br />Mayor <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Jose Sandoval <br />Chief Assistant City Attorney <br />75D-7 <br />Resolution No. 2010-XXX <br />Page 3 of 4