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HomeMy WebLinkAbout90-11205'3 RJW:fm 12/5/90 RESOLUTION NO. 90-112 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 A FEE TITLE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 3926 AND 40~' WEST McFADDEN AVENUE (ORANGE COUNTY ASSESSOR'S PARCEL NO. 108-601- 01), IN THE CITY OF SANTA ANA, FOR STREET WIDENING PURPOSES AND AUTHORIZING AND DIRECTING CONDEMNATION THEREOF WHEREAS, it has become necessary for the city of Santa Ana ("city") to acquire, for street widening purposes ("project"), a fee title interest in a portion of that certain real property (Orange County Assessor's Parcel No. 108-601-01) located at 3926 and 4004 West McFadden Avenue in the City of Santa Ana, County of Orange, State of California ("property"), a legal description of which is attached hereto as Exhibit "A" and incorporated herein by reference; WHEREAS, the city has made an offer to the owner or owners of record to acquire the property described herein at an amount not less than the city's approved appraisal of the fair market value of the property; WHEREAS, the City, as required by Code of Civil Procedure Section 1245.235, has undertaken all reasonable efforts to give notice and reasonable opportunity to be heard to the person or persons, according to the City's records, whose name(s) appear as record owner(s) of said property; WHEREAS, a public hearing was held by the City Council of the City of Santa Ana on those matters set forth in its Notice of Intention to Adopt a Resolution of Necessity and referred to in Section 1240.030, Code of Civil Procedure, 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 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 that it finds and determines as follows: 060 RESOLUTION NO. 90-112 PAGE 2 1. The public use for which the property is to be taken is the widening of West McFadden Avenue ("proposed project") . 2. The City is authorized to acquire the property by eminent domain by Section 4090 of the Streets & Highways Code of the State of California, and by Sections 37350.5 and 40404 of the California Government Code. 3. The property sought to be taken is more particularly described as set forth in Exhibit "A." A map showing the location of the area sought to be taken, is attached hereto as Exhibit "B" and incorporated herein by reference. 4. The public interest and necessity require the proposed project. 5. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury. 6. The property described herein is necessary for the proposed project. 7. 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 property. 8. If the property described herein is appropriated to a public use, the City is authorized to acquire it pursuant to Code of civil Procedure Section 1240.610. BE IT FURTHER RESOLVED that as specific findings of fact in support of paragraphs 1 through 8 hereinabove, the City Council adopts and incorporates herein by reference, the staff report dated November 1, 1990. 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 Attorney is authorized and instructed to do all things necessary for the acquisition of said easement, 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. 061 RESOLUTION NO. 90-112 PAGE 3 use of said real property for the uses and purposes herein described. ADOPTED this ]0th day of December , 1990. ATTEST: ice C. Guy ' C--/ Clerk of the Council COUNCILMEMBERS: Young Ave Acosta Aye Griset Aye McGuigan Norton Pulido Richardson Daniel H. Y~ng,/Mayor APPROVED AS TO FORM: Edwar~ ~'~ o~9~er City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~0 - //~-~ to be the original rgsolution adopted by the city Council of the City of Santa Ana on city of santa Ana 063 EXHIBIT A All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: The Southerly 22.00 feet of the Northerly 42.00 feet of that portion of the West 3 Acres of East 13 Acres of the North half of the Northeast quarter of the Southeast quarter of Section 16, Township 5 South, Range 10 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, page 12 of Miscellaneous Maps, Records of Orange County, California, described as follows: Beginning at a point in the North line of said 3 Acres, 22.00 feet East of the Northwest corner thereof; thence South parallel to the West line of said 3 Acres, a distance of 158.00 feet; thence East parallel to the North line of said 3 Acres to the East line thereof; thence North along said East line, 158.00 feet to the North line of the Southeast quarter of said Section 16; thence west along said North line to the point of beginning. Excepting therefrom 99/100ths interest in a well and pumping plant and appurtenances thereto located on said land. EXHIBIT A 064 EXHIBIT