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HomeMy WebLinkAbout80-141CM:ms 7/24/80 RESOLUTION NO. 80-141 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 829 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 Aha, 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 Aha 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 ~--i-~cted to bring action in the Superior Court of the State of California in the name of the City of Santa Aha, 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- 141 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 18th 1980, by the following vote: day of August , AYES: NOES: COUNCILMEN: Griset, Luxembourger, Yamamoto COUNCILMEN: Markel Serrato, Ward, ABSENT: COUNCILMEN: Bricken ATTEST: APPROVED AS TO FORM: EDWARD J. CDOPB~ CITY ATTORNEY RESOLUTION NO. 80-141 LEGAL DESCRIPTION PARCEL 1: The South 35.00 feet of Lot 16 in Block C of Hall's Addition to Santa Ana, as shown on map recorde~ in Book 11, page 62 of Miscellaneous Records, in the office of the County Recorder of Los Angeles County, California. ~ pARCEL 2: That portion of Lot 16 in Block C of Hall's Addition to Santa Aha, as shown on map recorded in Book 11, page 62 of Los Angeles County, California, bounded on the East by the East line of said Lot 16, on the South by the North line of the South 35.00 feet of said Lot 16 and on the Northwest by a curve, concave to the Northwest, having a radius of 27.00 feet and being tangent to said East and North lines. EXHIBIT A