Loading...
HomeMy WebLinkAbout96-025 - Acquisition by the Eminet Domain of that Certain Real Property at 1433 and 14412/6/96 RESOLUTION NO. 96- 025 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 THAT CERTAIN REAL PROPERTY AT 1433 AND 1441 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. 465 RESOLUTION NO 96- 025 PAGE TWO 3. The property to be taken is located at 1433 and 1441 South Bristol 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 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. 96-025 PAGE THREE ADOPTED this 4th day of Hatch , 1996. ATTEST: ~e~eo~ ' t~UeYcoUnc/i 1~7- COUNCILMEMBERS: PULIDO Aye RICHARDSON Ay~ ESPINOZA ~y~ LUTZ McGUIGAN MILLS MORENO APPROVED AS TO FORM: Ave 3~4~Ed. ward J. Cooper AQe 7City Attorney CEI~TIFICATEtOF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ - O~7 ~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: t~, /q ~ ~-.~.~ .-- / - ///7"/--Clerk o~ the Co~nc'fi~-~ "' City of Santa Ana 1433 S. PARKING EXI-ImIT A I~ PATIO AREA ,, J IRESTAURANT I :[BUILDING [ PARKING 100.87' I EDINGER AVE 1441 S. BRISTOL STREET APN 013-054-35 EXHIBIT A 100.87' PUMP IISLANDS CANOPY ~ LANSCAPING/SIGN "~... ~ AREA 75' EDINGER AVENUE ! i i i ! ! ! i i ! ! ! EXHIBIT B Ail that certain real property situated in the State of California, County of Orange, city of Santa Aha, described as follows: Lots 124, 125 and 126 of Tract No. 1415, as shown on a map recorded in Book 42, pages 29, 30 and 31 of Miscellaneous Maps, Records of Orange County, california.