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Home My WebLink About96-022 - Acquisition by Eminet Domain of that Certain Real Property at 1104 South Bristol Street2/6/96 RESOLUTION NO. 96- 022 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 THAT CERTAIN REAL PROPERTY AT 1104 SOUTH BRISTOL 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 Bristol Street between McFadden and Edinger Avenues ("the proposed project"). 2. The city of Santa Ana is authorized to acquire the property by eminent domain by sections 37350.5 and 40404 of the Government Code of the State of California. 450 RESOLUTION NO 96- ~?? PAGE TWO 3. The property to be taken is located at 1104 South Bristol 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 to the owners of record of the above-described property. 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 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. RESOLUTION NO. 96-_Q_~2 PAGE THREE ADOPTED this 4th day of March , 1996. ATTEST: t :Ycoun 7 COUNCILMEMBERS: PULIDO RICHARDSON ESPINOZA LUTZ McGUIGAN MILLS MORENO Aye APPROVED AS TO FORM: Aye Aye ~ Aye ~ city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ -O,a?o7 Do be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~' /q~, 1104 S. BRISTOL STREET APN: 109-071-01 EXHIBIT A MCFADDEN AVENUE 115.12'~ i MAXI-MART '.~,~ 142' ! I I LU I Z I "~ ! ! ! ! ! ! ! I I I I I I I [i ! i I I ! ! ! EXHIBIT B Ail that certain real property situated in the State of California, County of Orange, city of Santa Ana, described as follows: Parcel 1: That portion of the North 162.00 feet of the East 162.00 feet of Block I of the Revised Plat of West Tract, as per map recorded in Book 1, page 13 of Miscellaneous Maps, in the office of the County Recorder of said County, lying Easterly of the following described line: Commencing at the intersection of the Southerly right of way line of McFadden Avenue (formerly known as Fairview Avenue) 60.00 feet in width, with the Westerly right of way line of Bristol Street 60.00 feet in width, as shown on said Revised Plat of West Tract; thence Easterly along said Southerly right of way line 47.00 feet to the True Point of Beginning; thence South 47°12' 36" East 34.02 feet; thence South 0°ll' 54" East 80.00 feet to the beginning of a tangent curve concave to the Northeast and having a radius of 50.00 feet; thence along said curve through a central angle of 5° 08' 51" an arc distance of 4.49 feet to a point of tangency; thence South 5° 20' 43" East 51.24 feet. Parcel 2: An easement for sidewalk and landscape purposes over that portion of the North 162.00 feet of the East 162.00 feet of Block I of the Revised Plat of West Tract, as per map recorded in Book 1, page 13 of Miscellaneous Maps, in the office of the County Recorder of Said County, lying Easterly of the following described line: Commencing at the True Point of Beginning, as described in the hereinabove Parcel 1; thence continuing Easterly along said Southerly right of way line 20.00 feet; thence South 47° 12' 36 East 34.02 feet; thence South 0° 11' 54" East 80.00 feet to the beginning of a tangent curve concave to the Northeast and having a radius of 50.00 feet; thence along said curve through a central angle of 5° 08' 51" an arc distance of 4.49 feet to a point of tangency; thence South 5~ 20' 43" East 51.24 feet.