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HomeMy WebLinkAbout84-031REL:adg 2/23/84 RESOLUTION NO. 84-31 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 5317 AND 5321 WEST FIRST STREET, SANTA ANAw 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 Aha pursuant to and in compliance with requirements of Code of Civil Procedure Section 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 referrred to in Code of Civil Procedure Section 1240.030, which included the following matters~ (a) Whether the public interest and necessity require the proposed project; (b) Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property described herein is necessary for the proposed project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The public use for which the property is to be taken is the widening of First Street between the western city limits and the Santa Aha River ("the proposed project"). 2. The City of Santa Ana is authorized to acquire the property by eminent domain by section 4090 of the Streets and Highways Code of the State of California and by sections 37350.5 and 40404 of the Government Code of the State of California. RESOLUTION NO. 84-31 PAGE TWO 3. The property to be taken is located at 5317 and 5321 West First Street in the City of Santa Ana as shown on the map attached hereto as Exhibit A and incorporated herein by refer- ence and is more specifically described in Exhibit B, attached hereto and incorporated herein by reference. 4. The City Council of the City of Santa Ana finds and determines as follows: (a) The public interest and necessity require the proposed project. (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The above-described property is necessary for the proposed project. (d) The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of record of the above-described property. 5. The City Attorney ~f the City of Santa Ana is hereby directed to bring action in fhe 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 for an order fixing the amount of RESOLUTION NO. 84- 31 PAGE THREE security by way of money deposit as said court may direct and for an order permitting the City of Santa Ana to take posses- sion and use of said real property for the uses and purposes herein described. ADOPTED this 19th day of ~4arch , 1984. ATTEST: C~i~ eo~ ' t~Y Co~//n~i 1 ~'~/ Mayor COUNCILMEMBERS: Luxembourger Aye Griset Ay~ Acosta Aye Bricken Aye Johnson Aye McGuigan Aye Young Aye APPROVED AS TO FORM: cE i~rAd t~;~r · ;41 II I I I I I I I I -I "1' '""'~,:1 ~ .,,.~.,,. '~o ~. ~c~u~ '~o~ · I;,I · I N'~ ~ - ,®~, ®"i~, , , I I , . ... 'E'. ':! '? .-,,- I . · . .... ~..__~ .. . ~,,,,. , : LEGAL DESCRIPTION OF A.P. NO. 099-224-22 & 23 Ail that certain real 'property situated in the State of California, County of Orange, City of Santa Aha, described as follows: Parcel 1: The Northerly 20.00 feet of the Southerly 30.00 feet of Lots 11 and 12 in Block F of Tract No. 547 as per Map thereof recorded in Book 18, page 31 of Miscellaneous Maps, records of said Orange County. Parcel 2: That certain portion of follows: said Lot 11, described as A spandrel shaped area bounded Westerly by the West line of said Lot 11; bounded Southerly by the North line of the hereinabove previously described Parcel 1; bounded Northeasterly by the arc of a curve concave Northeasterly having a radius of 25.00 feet, being tangent to said Westerly and Southerly boundaries.