HomeMy WebLinkAbout80-139CDG/fm
7/15/80
RESOLUTION NO. 80-139
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 219 E.
FIRST STREET, SANTA ANA, CALIFORNIA 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 Aha, County of
Orange, State of California, described in "Exhibit A"
attached hereto and by reference incorporated herein as
though set forth in full herein ("said real property") 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 directed 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. 80-139
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 Aha to take possession and use of said
real property for the uses and purposes herein described.
1980,
~)OPTED this 18thday of
by the following vote:
AuKust ,
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNC ILblEN:
COUNC I LFLEN:
Griset, Luxembourger, Serrato,
Yamamoto
None
Bricken, Markel
Ward,
ATTEST:
A~PROVED AS TO FORM:
RESOLUTION NO. 80-139
A. P. Number 9-043-7
Those portions of the East half of Lots 1 and 4 in Block 1 of
the Town of Santa Aha, as shown on that certain map recorded
in Book 2, page 51 of Miscellaneous Records of Los Angeles
County, California, lying Southerly of the following described
line:
Beginning at a point in the West line of said East half of
said LOt 1, distant Northerly 35.0 feet from the Southwest
corner of said East half; thence Easterly along a line par-
allel with and distant Northerly 35.0 feet, measured at right
angles, from the South line of said Lot 1, to a point of tan-
gency with a curve concave Northwesterly, having a radius of
25.0 feet, said curve being also tangent to the East line of
said LOt 4; thence Northeasterly along said curve to a point
of tangency with said East line of Lot 4.
EXHIBIT A