HomeMy WebLinkAbout84-0333/88 EXHIBITS A & B NOT ATTACHED TO RESOLUTION
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2/23/84
RESOLUTION NO. 84-33
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 3331 WEST FIRST STREET, SANTA
ANA FOR STREET WIDENING PURPOSES AND AUTHORIZ-
ING 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
is the widening of First
and the Santa Ana River
for which the property is to be taken
Street between the western city limits
("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. 84-33
PAGE TWO
3. The property to be taken is located at 3331 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 City 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. 84-35
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:
rk of the Council
COUNCILMEMBERS:
Luxembourger Aye
Griset Aye
Acosta Aye
Bricken Aye
Johnson Aye
McGuigan Aye
Young Aye