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HomeMy WebLinkAbout93-080 - Acquisition of Certain Real Property at 2501 West Seventeenth· 141 9/15/93 RESOLUTION NO. 93-080 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 A PORTION OF CERTAIN REAL PROPERTY AT 2501 WEST SEVENTEENTH 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 Aha held a public hearing on those matters specified in its notice of intention to adopt a resolution of necessity and referred to in Code of Civil Procedure Section 1240.030, which include 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, (c) Whether the property described herein is necessary for the proposed project; and (d) Whether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 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 sought to be taken is the widening of Seventeenth Street between Fairview Street and Euclid Avenue ("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 Highway Code of the State of california and by sections 37350.5 and 40404 of the Government Code of the State of California. RESOLUTION NO 93-080 PAGE TWO 3. The property to be taken is located at 2501 West Seventeenth 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 owner or 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. 93- 080 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 possession and use of said real property for the uses and purposes herein described. ADOPTED this 20th day of September , 1993. ATTEST: ~ice C. Guy ' ~C~erk of the C0unc~/ COUNCILMEMBERS: YOUNG Aye PULIDO Aye LUTZ Aye MILLS Absent MORENO Nay NORTON Aye RICHARDSON Aye APPROVED AS TO FO~4: EdwardVJ ] ~.~er City Attorney 144 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ - D ~:~O to be the original resolution adopted by the City Council of the City of Santa Ana on ~o,~ O- ~,.~ Date: City of Santa Ana 145 50' .. '146 EXHIBIT B 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 2.00 feet of the Southerly 52.00 feet of the East 180.00 feet of the South 170.00 feet of the South half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 3, Township 5 South, Range 10 West, in the Rancho Las Bolsas, as said Section is shown on a map recorded in Book 51, page 12 of Miscellaneous Maps, in the office of the County Recorder of said County. Parcel 2 An irregular shaped portion over the East 180.00 feet of the South 170.00 feet of the South half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 3, Township 5 South, Range 10 West, in the Rancho Las Bolsas, as shown on a sectionalized survey map recorded in Book 51, page 12, Miscellaneous Maps, records of Orange County, California, described as follows: Commencing at the intersection of a line that is parallel with and 52.00 feet Northerly, measured at right angles, from the South line of said Section 3, with a line that is parallel with and 50.00 feet Westerly, measured at right angles, from the East line of said Section 3, thence Northerly along last mentioned parallel line, a distance of 29.00 feet, to the Point of Beginning; thence Southerly along said parallel line, 29.00 feet; thence Westerly along the first mentioned parallel line, 27.00 feet; thence Northeasterly to the Point of Beginning.