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HomeMy WebLinkAbout87-005RJW: jd(21) 023 12/29/86 RESOLUTION NO. 873 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 LOCATED AT 901 EAST CHESTNUT AVENUE (ORANGE COUNTY ASSESSOR'S PARCEL NO. 011-134-06), IN THE CITY OF 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 emi- nent 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 in- tention to adopt a resolution of necessity and referred 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 Standard Avenue between Chestnut Avenue and First Street ("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. 3. The property to be taken is located at 901 East Chestnut Avenue (Orange County Assessor's Parcel No. 011-134-06), 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 incor- porated herein by reference. . 024 RESOLUTION NO. 87- 5 Page two 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 owner or owners of record of the above-described property. 5. As findings of fact in support of the findings set forth in subparagraphs (a) - (d) of paragraph 4 hereinabove, the City Council of the City of Santa Ana incorporates herein by reference, as if fully set forth at this point, the staff report dated January 5, 1987. 6. 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 neces- sary 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 5th day of January , 1987. ATTEST: Janice C. Guy J Clerk of the Council COUNCILMEMBRS: Young Aye McGuigan Ave Acosta Aye Griset Aye Har.t Ave May Aye Pulido Aye it FORM: rC~er ~o~-07 g 026 All that certain property situated in the State of California, County of Orange, City of Santa Ana, described as follows: The West 40 feet of Lot 8 in Block F of "Bailey's A~--dition to the Town of Santa Aha", as shown on a Map recorded in Book 21, page 12 of Miscellap~ous records of Los Angeles County, California. Also, that portion of Chestnut Avenue lying between the Southerly prolongation of the Easterly line of the Westerly 40 feet of said Lot 8 and the Southerly prolongation of the Westerly line of said LOt 8, vacated by Resolution of the Board of Trustees of the City of Santa Arm, as shown on a Map recorded in Book 7, page 26 of Miscellaneous Maps, Records of Orange County, Califoznia. EXHIBIT B