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<br /> <br /> <br /> <br /> <br /> Section 6. The taking of the interest in said Property as described in <br /> Section 4 above is necessary for the public right of way and is authorized by <br /> Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana <br /> Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure <br /> section 1240.010, 1240.110; California Government Code sections 37350.5 and <br /> 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and <br /> other applicable law. <br /> <br /> Section 7. The offer required by Government Code section 7267.2 was <br /> made to the appropriate party or parties with respect to the Poster Panel on <br /> August 31, 2012. <br /> <br /> Section 8. The City hereby declares that it is the intention of the City of <br /> Santa Ana to acquire in its name, in accordance with the provisions of the laws of <br /> the State of California with reference to condemnation procedures, all interests in <br /> and to said Property described in Section 4 above. <br /> <br /> Section 9. That if any of the Property described in Section 4 above has <br /> been appropriated for some public use, the public use to which it is to be applied <br /> and taken under this proceeding is a more necessary and paramount public use. <br /> <br /> Section 10. Said Property described in Section 4 above are located <br /> within the City of Santa Ana, County of Orange, State of California, and is more <br /> particularly described in Section 4 hereof. <br /> <br /> Section 11 The City of Santa Ana is authorized to acquire by eminent <br /> domain as provided in the California Code of Civil Procedure. <br /> <br /> Section 12. The City Attorney is hereby authorized and directed to <br /> prepare, institute and prosecute in the name of the City such proceedings, in the <br /> proper court having jurisdiction thereof, as may be necessary for the acquisition <br /> of the interests in said Property described in Section 4 above. The City Attorney <br /> is also authorized and directed to obtain a necessary order of immediate <br /> possession and occupancy of said Property, at the discretion of the City Attorney. <br /> <br /> Section 13. This Resolution shall take effect immediately upon its <br /> adoption by the City Council, and the Clerk of the Council shall attest to and <br /> certify the vote adopting this Resolution. <br /> <br /> ADOPTED this day of 12013. <br /> <br /> <br /> Miguel A. Pulido <br /> Mayor <br /> APPROVED AS TO FORM: <br /> Sonia A. Carvalho, City Attorney <br /> Resolution No. 2013- <br /> Page 3 of 5 <br /> <br /> 75C-5 <br />