HomeMy WebLinkAbout80-152DMF/fm
8/25/80
RESOLUTION NO. 80-152
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 115
NORTH STANDARD AVENUE, 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 California coda of Civil Procedure S 1245.235;
and
WHEREAS, the City Council of the City of Santa Aha
held a public hearing on those matters specified in its
notice of intention to adopt a resolution of necessity and
referred to in California Code of Civil Procedure § 1240.030.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana, as follows:
1. The City Council finds and determines that the
public interest and necessity require the acquisition by the
City of Santa Ana of the title in fee simple absolute 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 title in fee simple absolute to 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 se~. of the Government Code and
§§5023.1 and 5101 of the Streets and Highways Code. The
City Attorney of the City-~ Santa Aha is hereby directed to
bring action in the Superior Court of the State of California
in the name of the City of Santa Aha, 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
RESOLUTION NO. 80-152
PAGE TWO
acquisition of said real property including the making of
application to said court 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 6th
1980, by the following vote:
day of October ,
AYES: COUNCILMEN:
NOES: COUNCILMEN: Marke]
ABSENT: COUNCILMEN: GrJset
Bricken, Luxembour§er, Serrato, Ward, Yamamoto
APPROVED AS TO FORM:
EDWARD J. COOPER
CITY ATTORNEY
RESOLUTION NO. 80-152
E X H I B I T "A"
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 Judgements of the l?th Judicial
District Court of California, described as follows:
Beginning at a point in that certain course described
in Parcel 2 of deed to the City of Santa Ana, recorded in
Book 6~57, page 2]0 of Official Records in said county, as
having a length of 13.91 feet, said point being distant
Northerly 2.38 feet from the Southerly terminus of said
certain course; thence Southerly along said certain course
2.38 feet to the Easterly terminus of that certain course
described in said Parcel 2 as having a length of ~4.29
feet; thence Westerly along last-mentioned certain course
~.29 feet to the Southeasterly terminus of that certain
curve described in Parcel 1 of said deed as having a
radius of 25.00 feet and being concave Northeasterly;
thence Northwesterly along sa~d certain curve, through
an angle of ~6° ]2' ~6", an arc distance of 20.31 feet
to a point in said certain curve, said last mentioned
point being the beginning of a non-tangent curve, concave
Northerly, having a radius of 596.00 feet and which also
passes through the point of beginning; thence Easterly
along said non-tangent curve, through an angle of
6° 01" ~0", an arc distance of 62.70 feet to the point
of beginning.