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HomeMy WebLinkAbout84-030REL:adg 2/23/84 RESOLUTION NO. 84-30 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 4718 AND 4724 WEST 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 Code of Civil Procedure Section 1245.235; 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 referrred to in Code of Civil Procedure Section 1240.030, which included the following matters: (a) Whether the public interest and necessity require the proposed project; (b) Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property described herein is necessary for the proposed project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The public use for which the property is to be taken is the widening of First Street between the western city limits and the Santa Aha River ("the proposed project"). 2. The City of Santa Ana is authorized to acquire the property by eminent domain by section 4090 of the Streets and Highways Code of the State of California and by sections 37350.5 and 40404 of the Government Code of the State of California. RESOLUTION NO. 84-30 PAGE TWO 3. The property to be taken is located at 4718 and 4724 West First Street in the City of Santa Ana as shown on the map attached hereto as Exhibit A and incorporated herein by reference and is more specifically described in Exhibit B, attached hereto and incorporated herein by reference. 4. The City Council of the City of Santa Ana finds and determines as follows: (a) The public interest and necessity require the proposed project. (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The above-described property is necessary for the proposed project. (d) The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of record of the above-described property. 5. The C~ty Attorney of the City of Santa Ana is hereby directed 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 for an order fixing the amount of RESOLUTION NO. 84- 30 PAGE THREE security by way of money deposit as said court may direct and for an order permitting the City of Santa Ana to take posses- sion and use of said real property for the uses and purposes herein described. ADOPTED this 19th day of ~4arch , 1984. ATTEST: ~1~ eo fC ' t~UeYco~/n ci 1 R. W. ~Luxembour ger Mayoi~ COUNCILMEMBERS: Luxembourger Gr i se t Ac Os t a Bricken Johnson McGuigan You n~ APPROVED AS TO FORM: ~r dAt ~;~n~ · 1 '°°'641 LOt9 FLOYD C/RCLE ~O~LOr ~ ® 1 '® EXHIBIT A PROJECT AREA ~ASSESSOR PARCEL 108-101-03 ~ 04 ~AREA TO BE ACQUIRED THROUGH CONDEMNATION EXHIBIT B LEGAL DESCRIPTION OF A.P. NO. 108-101-03 & 04 Ail that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 1: The Northerly 10.00 feet of Lot 3 of Tract No. 1287, as shown on a Map thereof recorded in Book 40, page 15 of Miscellaneous Maps, records of said Orange County. Excepting therefrom the East 67.00 feet. Parcel 2: The Northerly 10.00 feet. of the East 67.00 feet of Lot 2 of Tract No. 1287, as shown on a Map thereof recorded in Book 40, page 15 of Miscellaneous Maps, records of said Orange County.