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HomeMy WebLinkAbout80-125DME/fm 6/26/80 RESOLUTION NO. 80-125 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 715-719 EAST FIRST 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 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 ("said real property") 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 de~ermines 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. PAGE TWO 80-125 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 21st 1980, by the following vote: day of July , AYES: COUNCILMEN: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ATTEST: APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. 80-125 Legal Description Parcel l: The Southerly 35.00 feet of the South half of Lots 1 and 2, Block C, Noah Palmer Tract, as shown on that certain map recorded in Book 2, page 11 of Miscellaneous Maps, records of Orange County. Excepting therefrom the Southerly 5.00 feet thereof, or that interest in said Southerly 5.00 feet, which was condemned to the use of the City of Santa Ana, for street purposes in the widening of First Street, by final judgment of condemnation rendered June 24, 1930, in Action No. 25126, in the Superior Court of the State of California, in and for the County of Orange, a certified copy of which was recorded in Book 393, page 327 of Official Records. Parcel 2: That portion of Lot l, Block C, Noah Palmer Tract, as shown on that certain map recorded in Book 2, page 11 of Miscellaneous Maps, records of Orange County; bounded Easterly by the East line of said Lot 1; bounded Southerly by the North line of the South 35.00 feet of said Lot 1; bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 27.00 feet and being tangent to said Easterly and Southerly boundaries.