HomeMy WebLinkAbout80-178CTD/fm
9/23/80
RESOLUTION NO. 80478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FINDING ~qD DETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY AT 301 -
311 EAST FIRST STREET 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 Code of Civil Procedure § 1245.235;
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 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 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 ("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 §S40404__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
RESOLUTION NO. 80-178
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:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Bricken, Luxembourger, Serrato, Ward, Yamamoto
Markel
Griset
ATTEST:
APPROVED AS TO FORM:
RESOLUTION NO. 80-178
EXHIBIT "A"
Legal Description
Parcel #102
PARCEL 1:
Tne South 35.00 feet of Lots 1, 2 and 3 in Block 1 of Blee's
Addition to the To%'ln of Santa Ana, as shown on map recorded in
Book 4, page 545 of ~4iscellaneous Reccrds, in the office of
County Recorder of Los Angeles County, Ca!i£ornia.
PARCEL 2:
That portion of Lot 1 in Block 1 of Blee's Addition to
To:.~n of Santa Aha, as sho;.Jn on map recorded in Book Il, pa£~e
545 of Miscellaneous Records, in the office of the County Recorder
of Los Angeles County, California bounded on the West by the
%'Jest line of said Lot 1, on the South by the ;[orth line of ti~e
South 35.00 feet of said Lot 1 and on the i;ortheast by a curve,
concave to the Northeast, having a radius of 25.00 feet and
being tangent to said Uest and North lines.