HomeMy WebLinkAbout80-025CM:ms
1-25-80
RESOLUTION NO. 80-25
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 423 EAST FIRST STREET 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 ~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 proceedings
the fee simple estate in said real property for the aforesaid
public purposes. The City of Santa Ana is authorized 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 Highways Code. The City Attorney of the
City of Santa Ana is hereby d-~cted 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
RESOLUTION NO. 80-25
PAGE TWO
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 4th
1980, by the following vote:
day of February ,
AYES:
NOES:
COUNCILMEN: Bricken, Griset, Luxembourger, Serrato,
Ward, Yamamoto
COUNCILMEN: Markel
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
'KEITH L. GOW
CITY ATTORNEY
MAYOR
RESOLUTION NO. 80-25
LEGAL DESCRIPTION
Lot 11 of Jennings & Foster's Addition to Santa Ana, as
shown on a Map recorded in book 12, page 75 of Miscellaneous
Records of Los Angeles County, California.
EXHIBIT A