HomeMy WebLinkAbout80-181CTD/fm
9/23/80
~RESOLUTION NO. 80-1~
A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF
SANTA ANA FINDING AND DETERMINING THAT TRE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY AT 907 -
913 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 S 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 S~40404 et seq. of the Government Code and
~§5023.1 and 5101 of--~he 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 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. 80-181
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, Luxembour§er, Serrato, Ward, Yamamoto
Markel
Griset
ATTEST:
APPROVED AS TO FORM:
EDWARD J. C~DOP~R)
CITY ATTORNEY ~
RESOLUTION NO. 80-181
EXHIBIT "A"
Parcel #125
LEGAL DESCRIPTION
The Southerly 35.00 feet of th~ following described real property:
Parcel l:
The South 1/2 of Lot 6 in Block 3 of W.Z. Cook's Addition to the Town of
Santa Ana as shown on a map recorded in Book 12, Page 51 of Miscellaneous
Records of Los Angeles County, California.
Parcel 2:
The South 1/2 of Lot 7 and the Easterly 3.00 feet of the South 1/2 of Lot 8
in Block 3 of W.Z. Cook's Addition to the Town of Santa Ana, as shown on a
map recorded in Book 12, Page 51 of Miscellaneous Records of Los Angeles
County, California.
Excepting from said Parcels 1 and 2 the Southerly 5.00 feet of said Southerly
35.00 feet condemned by the City of Santa Aha for the widening of East First
Street in Action in the Superior Court of the State of California in and for
Orange County, Case No. 25126, a certified copy of the decree being recorded
June 24, 1930 in Book 393, Page 327 of Official Records.