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HomeMy WebLinkAbout80-083CM:ms 4/30/80 RESOLUTION NO. 80-83 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 938 EAST 2nd 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 ~1245.235 Code of Civil Procedure; 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 §1240.030 Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Aha, as follows: 1. The City Council finds and determines that the public interest and necessity require the acquisition by the City of Santa Aha 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. 80-83 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 19th 1980, by the following vote: day of May , AYES: NOES: COUNCILMEN: Bricken, Griset. Luxembourger, Markel Serrato, Ward, Yamamoto ' COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: APPROVED AS TO FORM: EDWARD J~ C~P~ CITY ATTORNEY RESOLUTION NO. 80-83 LEGAL DESCRIPTION Parcel 1: The Southerly 35.00 feet of that portion of the land allotted to Dominga Vejar in Decree of Partition of the Rancho Santiago de Santa Aha, recorded in Book B of Judgments of the 17th Judicial District Court of California, bounded Westerly by the Easterly line of Lot 1 of Block 3 of W. Z. Cook's Addition to Santa Ana, as shown on a map recorded in Book 1, page 34 of Miscellaneous Maps, in the office of the County Recorder of said county, bounded Southerly by the Easterly prolongation of the Southerly line of said Lot 1, bounded Easterly by the centerline of Standard Avenue, formerly Evergreen Street, 56.27 feet wide, as described in the deed to the City of Santa ~tna, recorded in Book 113, page 383 of Deeds, in said office and bounded Northerly by the following described line: Beginning at the intersection of the Easterly line of said Lot 1 with a line parallel with and distant Northerly 35.00 feet from said Easterly prolongation; thence Easterly along said parallel line to a tangent curve concave Northwesterly, having a radius of 25.00 feet, and also being tangent to the Westerly line of said Standard Avenue; thence Northeasterly along said curve to said Westerly line; thence Easterly at right angles to said center line, 26.27 feet to said center line. EXCEPTING THEREFROM the interest in the Southerly 5.00 feet as described in the Final Judgment recorded June 24, 1930 in Book 393, page 327 of Official Records in said office. Parcel 2: A spandrel shaped parcel of land bounded Southerly by the Northerly line of the hereinabove previously described Southerly 35.00 feet; bounded Easterly by the Westerly line of Standard Avenue (formerly Evergreen Street), 56.27 feet wide; bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 25.00 feet and being tangent to said Southerly and Easterly boundaries. EXHIBIT A