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HomeMy WebLinkAbout81-039BKS:jd 2/26/81 RESOLUTION NO. 81-39 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 THE NORTHEAST CORNER OF SYCAMORE AND EDINGER, 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 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 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--i-~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. 81- 39 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 16th day of 1981, by the following vote: March , AYES: COUNCILMEN: NOES: COUNCILMEN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ABSENT: COUNCILMEN: None ATTEST: MAYOR APPROVED AS TO FORM: EDWARD J. COO~ER City Attorney LEGAL DESCRIPTION That certain portion of Lots 11 and 12 of Tract No. 1265 as shown on that certain map recorded in Book 40, page 48 of Miscellaneous Maps, records of Orange County, bounded Southerly by the arc of a curve concave Southerly, having a radius of 1,098.00 feet, being tangent to a line parallel with and distant Southerly 7.50 feet, measured at right angles, from the North line of said Lot 12, a radial to the point of tangency being the Southerly ex- tension of the East line of said Lot 12; bounded Southwesterly by the arc of a curve concave Northeasterly, having a radius of 25.00 feet, being tan- gent to said arc of a curve having a radius of 1,098.00 feet and the West line of said Lot 11; bcunded Westerly by said West line of Lot II; bounded Northerly by said line parallel with and distant Southerl~ 7.50 feet from the North line of said Lot 12; bounded Northwesterly by the arc of a curve concave Northeasterly, having a radius of 24.00 feet, being tangent to last said parallel line and said West line of Lot 11. "EXHIBIT A"