Loading...
HomeMy WebLinkAbout80-152DMF/fm 8/25/80 RESOLUTION NO. 80-152 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 115 NORTH STANDARD AVENUE, 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 California coda of Civil Procedure S 1245.235; 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 California Code of Civil Procedure § 1240.030. 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 title in fee simple absolute to that certain real property located in the City of Santa Aha, 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 determines that it is necessary to acquire by eminent domain proceedings the title in fee simple absolute to 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 se~. of the Government Code and §§5023.1 and 5101 of the Streets and Highways Code. The City Attorney of the City-~ Santa Aha is hereby directed 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 RESOLUTION NO. 80-152 PAGE TWO acquisition of said real property including the making of 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 6th 1980, by the following vote: day of October , AYES: COUNCILMEN: NOES: COUNCILMEN: Marke] ABSENT: COUNCILMEN: GrJset Bricken, Luxembour§er, Serrato, Ward, Yamamoto APPROVED AS TO FORM: EDWARD J. COOPER CITY ATTORNEY RESOLUTION NO. 80-152 E X H I B I T "A" 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 Judgements of the l?th Judicial District Court of California, described as follows: Beginning at a point in that certain course described in Parcel 2 of deed to the City of Santa Ana, recorded in Book 6~57, page 2]0 of Official Records in said county, as having a length of 13.91 feet, said point being distant Northerly 2.38 feet from the Southerly terminus of said certain course; thence Southerly along said certain course 2.38 feet to the Easterly terminus of that certain course described in said Parcel 2 as having a length of ~4.29 feet; thence Westerly along last-mentioned certain course ~.29 feet to the Southeasterly terminus of that certain curve described in Parcel 1 of said deed as having a radius of 25.00 feet and being concave Northeasterly; thence Northwesterly along sa~d certain curve, through an angle of ~6° ]2' ~6", an arc distance of 20.31 feet to a point in said certain curve, said last mentioned point being the beginning of a non-tangent curve, concave Northerly, having a radius of 596.00 feet and which also passes through the point of beginning; thence Easterly along said non-tangent curve, through an angle of 6° 01" ~0", an arc distance of 62.70 feet to the point of beginning.