HomeMy WebLinkAbout90-100 Not adopted449
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09 I90
RESOLUTION NO. 90- 100
A RESOLUTION OF THE CITY COUNCIL OF
CITY OF SANTA ANA FINDING AND DETERMI]
THAT THE PUBLIC INTEREST AND NECES~
REQUIRE THE ACQUISITION BY EMINENT
OF AN EASEMENT IN, TO AND OVER A
CERTAIN REAL PROPERTY LOCATED AT 20
BROADWAY (ORANGE COUNTY
NOS. 002-161-04 AND 002-161-05)
SANTA ANA, FOR DRAINAGE
AUTHORIZING AND DIRECTING
OF
NORTH
PARCELS
THE CITY OF
, AND
THEREOF
WHEREAS, it has become
("City") to acquire, for
maintaining a facility for
and over a portion of that
Assessor's Parcels Nos.
2025 North Broadway in
State of California
attached hereto as
reference;
WHEREAS, the
record to acquire
less than the
the property;
necess~ for the city of Santa Ana
the of constructing and
("project"), an easement in, to
real property (Orange County
and 002-161-05) located at 2019-
of Santa Ana, County of Orange,
,"), a legal description of which is
"A'~ and incorporated herein by
ade an offer to the owner or owners of
described herein at an amount not
'oved appraisal of the fair market value of
WHEREAS,
Section 1245.23!
notice and r~
persons, ac~
record
as required by Code of Civil Procedure
undertaken all reasonable efforts to give
opportunity to be heard to the person or
to the City's records, whose name(s) appear as
of said property;
WHEREAS~ public hearing was held by the City Council of the
City of San~a Ana on those matters set forth in its Notice of
Intention~Adopt a Resolution of Necessity and referred to in
Section 1~40.030, Code of Civil Procedure, which included the
followin~matters:
/ .(a) whether the public interest and necessity
quire the proposed project;
/. (b) whether the project is planned and located
/ in the manner that will be compatible with the
greatest public good and the least private injury; and
(c) whether the property described herein is
450
RESOLUTION NO. 90-100
PAGE 2
~test public good and the least private injury; and
(c) whether the property described herein is
ary for the proposed project.
NOW,
of Santa
, BE IT RESOLVED by the city Council of the City
it finds and determines as follows:
taken is
for
~e public use for which the property is to be
construction and maintenance of a facility
purposes ("project").
2. ThE
by eminent
Highways Code
37350.5 and
ity is authorized to acquire the property
by Section 4090 of the Streets &
the State of California, and by Sections
of the California Government Code.
3. The
particularly
map showing the
area sought to be
"B" and incorporated
sought to be taken is more
as set forth in Exhibit "A." A
Lon of the proposed easement and the
is attached hereto as Exhibit
:rein by reference.
4. The public
proposed project.
~est and necessity require the
5. The proposed
the manner that will be most
public good and the lease
planned or located in
with the greatest
injury.
6. The property
the proposed project.
herein is necessary for
7. The offer required by ction 7267.2 of the
Government Code of the State of Cal !ornia has been made
to the owner or owners of record of property.
8. If the property described
to a public use, the City is
pursuant to Code of Civil Procedure
is appropriated
to acquire it
)n 1240.610.
BE IT FURTHER RESOLVED that as specific
support of paragraphs 1 through $ hereinabove,
adopts and incorporates herein by reference, the
September 14, 1990.
s of fact in
~e City Council
~f report dated
BE IT FURTHER RESOLVED that the city Attorney of the City of
Santa Ana is hereby directed to bring an 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, an easement in, to
and over said real property for the aforesaid purposes. The City
451
RESOLUTION NO. 90-100
PAGE 3
Attorney is authorized and instructed to do all things
for the acquisition of said easement, including the of
application to said court for an order fixing amount of
security by way of money deposit as said court may d and for
an order permitting the City of Santa Ana to take )ssession and
use of said real property for the uses and herein
described.
ADOPTED this
day of 1990.
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Young
Acosta
Griset
May
McGuigan
Norton
Pulido
H. Young, Mayor
APPROVED AS TO FORM:
City Attorney
45,3
Exhibit A
All that certain real property situated in the State
California, County of Orange, City of Sarma Aha, des
follows:
ibed as
An easement for drainage purposes over the East~ ~.00 feet
of Lots 9 and !0 and the Southerl~ 5.00 feet Easterly
30 feet of Lot 10 in Block B of Resubdivisio] Blocks A and
B of Orange Grove Tract, as shown on a map in Book
1, page 14 of Miscellaneous Maps on file the office of the
County Recorder of said Orange County.
EXHIBIT
455
L
3-tl
POP. ~.I/2 $.~1/4 SEO.
THIS MAP WAS PREPARED FOR (]RANGE
COt~ ASSESSOR DEPT. PURPOSES ONLY
THE ASSESSOR MAKES NO GUARANTEE AS TO
I'l'~ ACCURACY NOR ASSUMES ANY LIABILITY
FOR OTHER DSES. NOT TO BE REPROI~CED
N.L RIGHTS RESERVED.
eCOPYRIGHT ORANGE COUNTY ASSESSOR 1987
I- 77. 5S.- ~I0~.
3-14
R£ SUE.
MARCH
TRA
~A NGE
£1
G£OPPER~ 4'00.
RESU80R~NCE GROVE TR.
MC ILW~IN'$ SUB.
L.,4. ,E- $$, 116
L.~.$-7
M.M. I
R.$. 10-16
F~$. I£-I
M.~ 4-75
NO TE - ASSES$OR
PARCEL NUMEEFE
IN ¢IROL~S.
15
EXHIBIT B