HomeMy WebLinkAbout80-083CM:ms
4/30/80
RESOLUTION NO. 80-83
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA FINDING AND DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION BY EMINENT DOMAIN
OF CERTAIN REAL PROPERTY AT 938 EAST
2nd STREET SANTA ANA FOR STREET WIDENING
PURPOSES AND AUTHORIZING AND DIRECTING
CONDEMNATION THEREOF
WHEREAS, legal notice of intention to adopt a
resolution of necessity to acquire the herein described real
property by eminent domain was duly given by the City Council
of the City of Santa Ana pursuant to and in compliance with
requirements of ~1245.235 Code of Civil Procedure; and
WHEREAS, the City Council of the City of Santa Ana
held a public hearing on those matters specified in its
notice of intention to adopt a resolution of necessity and
referred to in §1240.030 Code of Civil Procedure.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Aha, as follows:
1. The City Council finds and determines that the
public interest and necessity require the acquisition by the
City of Santa Aha of the fee simple title to that certain
real property located in the City of Santa Ana, County of
Orange, State of California, described in Exhibit "A" attached
hereto and by reference incorporated herein as though set
forth in full herein for public use, namely for street
widening purposes and related public uses.
2. The City Council finds and determines that
said proposed public project is planned and located in the
manner that will be most compatible with the greatest public
good and the least private injury.
3. The City Council finds and determines that the
acquisition of said real property is necessary for said
project and public use.
4. The City Council further finds and determines
that it is necessary to acquire by eminent domain proceedings
the fee simple estate in said real property for the aforesaid
public purposes. The City of Santa Ana is authorized to
acquire said real property by eminent domain pursuant to
§~40404 et seq. of the Government Code and ~§5023.1 and 5101
of the Streets and Highways Code. The City Attorney of the
City of Santa Ana is hereby d-~cted to bring action in the
Superior Court of the State of California in the name of the
City of Santa Ana, to acquire by eminent domain proceedings,
the fee simple estate in said real property for the aforesaid
purposes. The City Attorney is authorized and instructed to
do all things necessary for the acquisition of said real
property including the making of application to said court
RESOLUTION NO. 80-83
PAGE TWO
for an order fixing the amount of security by way of money
deposit as said court may direct and for an order permitting
the City of Santa Ana to take possession and use of said
real property for the uses and purposes herein described.
ADOPTED this 19th
1980, by the following vote:
day of May ,
AYES:
NOES:
COUNCILMEN: Bricken, Griset. Luxembourger, Markel
Serrato, Ward, Yamamoto '
COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
EDWARD J~ C~P~
CITY ATTORNEY
RESOLUTION NO. 80-83
LEGAL DESCRIPTION
Parcel 1:
The Southerly 35.00 feet of that portion of the
land allotted to Dominga Vejar in Decree of Partition
of the Rancho Santiago de Santa Aha, recorded in
Book B of Judgments of the 17th Judicial District
Court of California, bounded Westerly by the
Easterly line of Lot 1 of Block 3 of W. Z. Cook's
Addition to Santa Ana, as shown on a map recorded
in Book 1, page 34 of Miscellaneous Maps, in the
office of the County Recorder of said county,
bounded Southerly by the Easterly prolongation of
the Southerly line of said Lot 1, bounded Easterly
by the centerline of Standard Avenue, formerly
Evergreen Street, 56.27 feet wide, as described in
the deed to the City of Santa ~tna, recorded in
Book 113, page 383 of Deeds, in said office and
bounded Northerly by the following described line:
Beginning at the intersection of the Easterly line
of said Lot 1 with a line parallel with and distant
Northerly 35.00 feet from said Easterly prolongation;
thence Easterly along said parallel line to a
tangent curve concave Northwesterly, having a
radius of 25.00 feet, and also being tangent to
the Westerly line of said Standard Avenue; thence
Northeasterly along said curve to said Westerly
line; thence Easterly at right angles to said
center line, 26.27 feet to said center line.
EXCEPTING THEREFROM the interest in the Southerly
5.00 feet as described in the Final Judgment
recorded June 24, 1930 in Book 393, page 327 of
Official Records in said office.
Parcel 2:
A spandrel shaped parcel of land bounded Southerly
by the Northerly line of the hereinabove previously
described Southerly 35.00 feet; bounded Easterly
by the Westerly line of Standard Avenue (formerly
Evergreen Street), 56.27 feet wide; bounded Northwesterly
by the arc of a curve concave Northwesterly,
having a radius of 25.00 feet and being tangent to
said Southerly and Easterly boundaries.
EXHIBIT A