HomeMy WebLinkAbout91-023RJW:fm
1/31/91
RESOLUTION NO. 91- 023
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 THAT CERTAIN REAL PROPERTY LOCATED
AT 2026 AND 2030 WEST FIRST STREET (ORANGE
COUNTY ASSESSOR'S PARCEL NO. 007-333-05), IN
THE CITY OF SANTA ANA, AS THE SITE OF A
CORPORATION YARD/MAINTENANCE FACILITY, AND
AUTHORIZING AND DIRECTING CONDEMNATION THEREOF
WHEREAS, it has become necessary for the City of Santa Ana
("City") to acquire, as the site of a corporation yard/maintenance
facility, a fee title interest in that certain real property
(Orange County Assessor's Parcel No. 007-333-05) located at 2026
and 2030 West First Street in the City of Santa Aha, 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:
RESOLUTION NO. 91-023
PAGE 2
1. The public use for which the property is to be
taken is for the site of a corporation yard/maintenance
facility ("proposed project").
2. The City is authorized to acquire the property
by eminent domain by Sections 37350.5 and 40404(f) of the
California Government Code, by Section 1240.010 of the
California Code of Civil Procedure, and by Section 200 of
the city's Charter.
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 least 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
February 19, 1991.
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, a fee title
interest 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 fee title interest, 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
RESOLUTION NO. 91- 023
PAGE 3
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 ]9th day of FSBRUAR¥ , 1991.
ATTEST:
COUNCILMEMBERS:
Young Aye
Acosta Aye
Griset Aye
McGuigan Aye
Norton Aye
Pulido Aye
Richardson Aye
APPROVED AS TO FORM:
Edward ~. C~o~per
city Attorney
CERTIFICATE OF ORIGINALITY
State of california
County of Orange
Clerk of
I, JANICE C. GUY,
attached Resolution 9]-023
adopted by the city Council
the Council, do hereby certify the
to be the original resolution
of the city of Santa Ana on
~lerk of the Council~/Da
City of Santa Ana
EXI{IBIT A
Ail that certain real property situated in the State of California,
County of Orange, City of Santa Aha, described as follows:
That portion of Lot 56 of Tract No. 2752, as shown on a Map
recorded in Book 79, pages 30 And 31 of Miscellaneous Maps, records
of Orange County, California, described as follows:
Beginning ~ a point on the Westerly line of .said Lot 56, distant
North 00e 04' 39" West 299.69 feet from the Southwesterly corner of
said Lot 56; thence Nor 00° 04' 39" West along said Westerly line
275.19 feet to the beginning of a tangent curve concave
Southeasterly and having a radius of 25.00 feet; thence Northerly
and Easterly along said curve through a central angle of 89= 34'
03" a distance of 39.08 feet; thence tangent to said curve and
along the Northerly line of said Lot 56, North 89~ 29' 24" East
275.19 feet; thence South 00: 04' 39" East 300.00 feet; thence
South 89~ 29' 24" West 300.00 feet to the Point of Beginning.
EXHIBI! A