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HomeMy WebLinkAbout82-002RESOLUTION NO. 82-2 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 GENERALLY DESCRIBED AS SOUTH OF FRUIT STREET, EAST OF SANTIAGO AVENUE, NORTH OF SIXTH STREET AND WEST OF RAILROAD PROPERTY AND LINCOLN AVENUE FOR INTERCITY COMMUTER STATION 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 iD 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 an intercity commuter station site 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. The City Attorney of the City of Santa Ana' is hereby directed to bring action in the RESOLUTION NO. 822 PAGE TWO 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 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 day of .lan,m~y 1982, by the following vote: AYES: NOES: COUNCILMEMBER: COUNCILMEMBER: Acosta, Bricken, Griset, Luxembour§er, Markel, McGuigan, Serrato None ABSENT: COUNCILMEMBER: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY None MAYOR Legal Description Santa Fe Portion Of Intercity Commuter Station Beginning at the point of intersection of the South line of Hawkins Addition to Santa Ana, as described on that certain map recorded in Book 13, Page 26 of Miscellaneous Records of Los Angeles County, with the Southerly prolongation of the East line of Lot 18 in Block E of said Hawkins Addition; thence Southerly along said Southerly prolongation of the East line of Lot 18 to a point of intersection with a line parallel with and distant 30.00 feet, measured at right angles, frem said South line of Hawkins Addition; thence Westerly along said parallel line to the point of intersection with the West line of Logan Street, 40.00 feet wide, as granted by deed recorded in Book 554, Page 376 of Official Records of Orange County and described therein as "Land Required for Openin% New Street"; thence Southerly 90.00 feet along said West line of Logan Street to a point of intersection with a line parallel with and distant Southerly 120.00 feet, measured at right angles, from said South line of Hawkins Addition; thence Westerly along last said parallel line 269.6 feet more or less to a point of intersection with the Northeast right of way line of Santiago Avenue, 80.00 feet wide, shown as C Street on that certain map of the Town of Santa Ana East recorded in Book 1, Pages 93 and 94, Miscellaneous Records of Los Angeles County; thence Southeasterly along said Northeast right of way line of Santiago Avenue 892.9 feet more or less to a point of intersection with the North line of Sixth Stzeet as shown on said map of the Town of Santa Ana East; thence Easterly along said North line of Sixth Street 37.64 feet to a point in the Southerly prolongation of the West line of Lot 40 of said Town of Santa Ana East; thence Southerly along said Southerly prolongation 60.00 feet to a point of intersection with the South line of said Sixth Street; thence Easterly along the Easterly prolongation of said South line of Sixth Street 22.3 feet more or less to a point of intersection with the Southerly prolongation of the West line of Lincoln Avenue, 50.00 feet wide, as shown on said map of Hawkins Addition; thence Northerly along last said Southerly prolongation 982.0 feet more or less to a point of intersection with the South line of said Hawkins Addition; thence Westerly along last said South line to the point of beginning. Excepting therefrom said Logan Street, described as follows: A strip of land 40.0 feet wide running Northerly and Southerly between the Northeasterly line of Santiago Avenue and a line 30.0 feet Southerly from and parallel to the centerline of Fruit Stzeet. The Westerly line of said 40.0 feet strip intersects the said Northeasterly line of Santiago Avenue 752.58 feet Southeasterly from the centerline of Fruit Street, measured along the said Northeasterly line of Santiago Avenue and its prolongation, and intersects the line which is 30.0 feet Southerly from and parallel to the said centerline of Fruit Street 316.0 feet Easterly from the said Northeasterly line of Santiago Avenue measured along the said parallel line.