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10/28/77
RESOLUTION NO. 77- 136
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 820 N. FLO~ER STREET FOR
STREET WIDENING PURPOSES AND AUTHORIZING
~D DIRECTING CONDEMNATION THEREOF
~{EREAS, legal notice of intention to adopt a reso-
lution 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
the requirements of §1245.235 COde of Civil Procedure; and
WHEREAS, the City Council of the City of Santa
Aha held a public hearing on those matters specified in its
notice of intention to adopt a resolution of necessity and
referred to in ~1240.030 Code of CiVil Procedure.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana, as follows:
1. The City Council finds and determines that
the public interest and necessity require the acquisition
by the City of Santa Ana of the fee simple title to that
certain real property located in the City of Santa Ana, County
of Orange, State of California, described in Exhibit "A"
attached hereto and by reference incorporated herein as
though set forth in full herein for public use, namely for
street widening purposes and related public uses.
2. The City Council finds and determines that
said proposed public project is planned and located in the
manner that will be most compatible with the greatest public
good and the least private injury.
3. The City Council finds and determines that
the acquisition of said real property is necessary for said
project and public use.
4. The City Council further finds and determines
that it is necessary to acquire by eminent domain proceed-
ings the fee simple estate in said real property for the
aforesaid public purposes. The City of Santa Ana is author-
ized to acquire said real property by eminent domain pursuant
to §§40404 et seq. of the Government Code and §~5023.1 and
5101 of the Streets and Highwa'ys Coddle. The City Attorney
of the City ~ ~-~a ~-~a 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 pro-
ceedings, the fee simple estate in said real property for
the aforesaid purposes. The City Attorney is authorized
and ±nstructed to do all things necessary for the acquisi-
tion of said real property including the making of
RESOLUTION NO. 77- 136
PAGE TWO
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 7th day of November
1977 by the following vote:
AYES: COUNCILMEN: Brandt, Garthe, Bricken,
Yamamoto, Evans, Ward
NOES: COUNCILMEN: None
Ortiz,
ABSENT:
ATTEST:
COUNCILMEN:
N°ne~l~. ~,
MAYOR
LERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L GOW
CITY ATTORNEY
~e~al Description, A.P. No. 5-104-23
That portion of Lot 5 of Tract No. 455 as per map
thereof recorded in Book 17, Page 8 of Miscellaneous
Maps, records of said Orange County, lying Easterly
of the following described line:
Beginning at a point on the South line of said Lot
5, said point being distant Westerly 16.40 feet,
measured along said South line, from the Southeast
corner of said Lot 5; thence Northeasterly along a
straight line to a point on the North line of said
Lot 5, said point being Westerly 16.24 feet, measured
along said North Line, from the Northeast corner of
said Lot 5.
Excepting therefrom the Easterly 7 feet thereof pre-
viously dedicated per deed recorded in Book 916, Page
244, Records of said Orange County.
_ "EXHIBIT A"