HomeMy WebLinkAbout93-082 - Acquisition of Certain Real Property at 2530 West Seventeenth St9/14/93
RESOLUTION NO. 93- 082
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 PORTION OF
CERTAIN REAL PROPERTY AT 2530 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 property 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 property described herein is 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 property is 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
property 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- 082
PAGE TWO
3. The property to be taken is located at 2530 West
Seventeenth Street 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 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 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
owner or owners of record of the above-described property.
to the
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
property for the aforesaid purposes. The City Attorney is
authorized and instructed to do all things necessary for the
acquisition of said real property including the making of
application to said court for an order fixing the amount of
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RESOLUTION NO. 93- 082
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 property for the uses and purposes herein
described.
ADOPTED this 20th
day of September ,
MAYOR ~
1993.
ATTEST:
COUNCILMEMBER$:
YOUNG Aye
PULIDO Aye
LUTZ Aye
MILLS Absent
MORENO Nay
NORTON Aye
RICHARDSON Aye
APPROVED AS TO FORM:
Edward J. Co p~_~
City Attorney
156
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~:~..~- t0oO,~...- to be the original resolution adopted by the City Council of the
-93.
City of Santa Ana on
Date:
Clerk of the CCunc~--~
City of Santa Ana' t
WESTMINSTER AVENUE 157
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EXHIBIT A
158
That portion of the Northeast quarter of the Northeast quarter of
section 10, 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 section 10, a
distance of 370.00 feet West of the Northeast Corner of said
section 10; Thence South parallel to the east line of said section
10, a distance of 52.00 feet; Thence East parallel to the North
line of said section 10, a distance of 28.62 feet to the beginning
of a tangent curve concave Southerly having a radius of 100 feet;
Thence Easterly along said curve through a central angle of 18
degrees, 11 minutes, 42 seconds an arc distance of 31.76 feet to
the beginning of a reverse curve concave Northerly having a radius
of 100.00 feet; Thence Easterly along said reverse curve through a
central angle of 18 degrees, 11 minutes, 42 seconds an arc distance
of 31.76 feet; Thence East parallel with the North line of said
section 10, a distance of 59.00 feet; Thence North parallel to the
East line of said section 10, a distance of 52.00 feet to the North
line of section 10; Thence West along the North line of said
section 10, to the point of beginning.
EXHIBIT B