HomeMy WebLinkAbout87-005RJW: jd(21) 023
12/29/86
RESOLUTION NO. 873
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 LOCATED AT
901 EAST CHESTNUT AVENUE (ORANGE COUNTY ASSESSOR'S
PARCEL NO. 011-134-06), IN THE CITY OF 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 emi-
nent domain was duly given by the City Council of the City of Santa
Ana 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 in-
tention to adopt a resolution of necessity and referred 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 Standard Avenue between Chestnut Avenue
and First Street ("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.
3. The property to be taken is located at 901 East
Chestnut Avenue (Orange County Assessor's Parcel No. 011-134-06),
in the City of Santa Ana as shown on the map attached hereto
as Exhibit A and incorporated herein by reference and is more
specifically described in Exhibit B, attached hereto and incor-
porated herein by reference.
. 024
RESOLUTION NO. 87- 5
Page two
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 owner or owners of record of the above-described
property.
5. As findings of fact in support of the findings
set forth in subparagraphs (a) - (d) of paragraph 4 hereinabove,
the City Council of the City of Santa Ana incorporates herein
by reference, as if fully set forth at this point, the staff
report dated January 5, 1987.
6. 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 neces-
sary for the 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 5th day of January , 1987.
ATTEST:
Janice C. Guy J
Clerk of the Council
COUNCILMEMBRS:
Young Aye
McGuigan Ave
Acosta Aye
Griset Aye
Har.t Ave
May Aye
Pulido Aye
it FORM:
rC~er
~o~-07
g
026
All that certain property situated in the State of California, County of
Orange, City of Santa Ana, described as follows:
The West 40 feet of Lot 8 in Block F of "Bailey's A~--dition to the Town of Santa
Aha", as shown on a Map recorded in Book 21, page 12 of Miscellap~ous records of
Los Angeles County, California.
Also, that portion of Chestnut Avenue lying between the Southerly prolongation
of the Easterly line of the Westerly 40 feet of said Lot 8 and the Southerly
prolongation of the Westerly line of said LOt 8, vacated by Resolution of the
Board of Trustees of the City of Santa Arm, as shown on a Map recorded in Book
7, page 26 of Miscellaneous Maps, Records of Orange County, Califoznia.
EXHIBIT B