HomeMy WebLinkAbout94-032 - Acquisition by Eminent Domain of Certain Real Property at 3931 South Bristol Street029
RESOLUTION NO. 94- 032
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 CERTAIN REAL PROPERTY AT 3931 SOUTH
BRISTOL STREET, SANTA ANA FOR INTERSECTION IMPROVEMENT 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 domath 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.
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.
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.
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:
The public use for which the property is to be taken is the construction
of intersection improvements to the northeast corner of Bristol Street and
Sunflower Avenue ("the proposed project").
The City of Santa Aha 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.
The property to be taken is located at 3931 South Bristol Street in the
city of Santa Ana as shown on the map attached hereto as Exhibit 1 and
incorporated herein by reference,
The City Council of the City of Santa Ana finds and determines as follows:
a. The public interest and necessity require the proposed project.
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.
031
RESOLUTION 94- 032
Page 2
c. The above-described property is necessary for the proposed project.
The offer required by section 7267.2 of the Government Code of the
State of California has been made to the owners of record of the
above-described property.
The City Attorney of the City of Santa Aha 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 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
June 1994.
Dan~~ ~~~'
Mayor
ATTEST:
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz ---~ye
McGuigan Aye
Mills ~
Moreno No
Richardson Absent
APPROVED AS TO FORM
City Attorney
J w\ac t J OhS \condbr i s. res
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, IA_NICE C. GUY, Clerk of the Council, do hereby certify the attached Re~olution
to be the original resolution adopted by the City Council of the
City of Santa Ana on ~
t~' Council
anta Ana
RESOLUTION 94-032
EXHIBIT 033
II
BRISTOL STREET
...... l ...... L -- --( [!IS--B N--~iP--A R--K IH--6)- -- J ...... L .....
Exhibit 1
NEW RIGHT Ot= WAY AREA = 2:87&70 eq. fl.
~ Of: WAY Pf:iQPO~AL 2
N/E ~ OF
BRISTOL ST. and SUNFLOWER AY