HomeMy WebLinkAbout93-081 - Acquisition of Certain Real Property at 3514 and 3522 West Seventeenth St9/~5/93
RESOLUTION NO. 93-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUITISION BY EMINENT DOMAIN OF A PORTION OF
CERTAIN REAL PROPERTIES AT 3514 AND 3522 WEST
SEVENTEENTH STREET, 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 properties by
eminent 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
intention to adopt a resolution of necessity and referred to in
Code of civil Procedure Section 1240.030, which include 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,
(c) Whether the properties described herein are
necessary for the proposed project; and
(d) Whether the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SANTA ANA AS FOLLOWS:
1. The public use for which the properties are sought to be
taken is the widening of Seventeenth Street between Fairview Street
and Euclid Avenue ("the proposed project").
2. The city of Santa Ana is authorized to acquire the
properties by eminent domain by section 4090 of the Streets and
Highway Code of the State of California and by sections 37350.5
and 40404 of the Government Code of the State of California.
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RESOLUTION NO 93-081
PAGE TWO
3. The properties to be taken are located at 3514 & 3522
West Seventeenth Street in the city of Santa Aha 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 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 properties are 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 properties.
5. 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
properties for the aforesaid purposes. The City Attorney is
authorized and instructed to do all things necessary for the
acquisition of said real properties including the making of
application to said court for an order fixing the amount of
149
RESOLUTION NO. 93-081
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 possession and
use of said real properties for the uses and purposes herein
described.
ADOPTED this 20th
day of September , 1993.
ATTEST:
Clerk of the Counc~
COUNCILMEMBERS:
YOUNG
PULIDO ~
LUTZ Aye
MILLS A--~b-~nt
MORENO Nay
NORTON Aye
RICHARDSON Aye
APPROVED AS
TO FORM:
City Attorney
150
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
'~-tg~[ to be the original resolution adopted by the City Council of the
q-,ao- ?3
City of Santa Ana on
Date: ~~..~__
Clerk of the Co~ncilt/7-'-
City of Santa Ana ~
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EXHIBIT B
Ail that certain real property situated in the State of California,
County of Orange, city of Santa Ana, described as follows:
The Northerly 52.00 feet of that portion of the Northwest quarter
of the Northwest quarter of Section 10, Township 5 South, Range 10
West, in the Rancho Las Bolsas, as per map recorded in Book 51,
page 12 of Miscellaneous Maps in the office of the County Recorder
of said County described as follows:
Beginning at a point in the North line of the Northwest quarter of
said Section 10, said point being North 89°36'30'' East 287.23 feet
from the intersection of the North line of said Northwest quarter
with the Northeasterly line of the 100-foot right of way described
in the Deed to the L.A. Inter-Urban Railway Company, recorded
September 8, 1905 in Book 122, page 154, of Deeds; thence
continuing North 89036'30'' East along the North line of the
Northwest quarter of said Section 10, distant 200.00 feet; thence
South 00°23'30" East 363.03 feet to the Northeasterly line of said
Railway; thence North 53o47'30'' West to a point South 00°23'30''
East from the Point of Beginning; thence North 00°23'30'' West to
the Point of Beginning.