HomeMy WebLinkAbout94-010 - Certain Real Property Located at the SouthEast Corner of Shelton Street2/7/94
RESOLUTION NO. 94-010
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 LOCATED AT THE SOUTHEAST CORNER OF
SHELTON STREET AND CIVIC CENTER DRIVE, SANTA
ANA FOR THE CONSTRUCTION OF A POLICE ADMINISTRATION
AND HOLDING FACILITY WITH RELATED PARKING STRUCTURE AND
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 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 to be taken
is for the construction of a Police Administration and Hold
Facility, with related parking structure and the widening of
Shelton Street ("the proposed project").
281
RESOLUTION NO. 94-010
PAGE TWO
2. The City of Santa Ana is authorized to acquire the
property by eminent domain by section 1240.010 of the Code of Civil
Procedure of the State of California, 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.
3. The property to be taken is located at the Southeast
corner of Shelton Street and civic Center Drive 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 Aha 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 mad 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
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 therein
described.
283
RESOLUTION NO. 94-010
PAGE THREE
ADOPTED this 7th
day of March ,
MAYOR
1993.
ATTEST:
rClerk of the Council
COUNCILMEMBERS:
YOUNG Aye
PULIDO Aye
LUTZ Aye
MILLS Ave
MORENO Aye
RICHARDSON Aye
MCGUIGAN Aye
APPROVED AS TO FORM:
City Attorney
284
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
City of Santa Ana on
Date: ~, //q~
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~'~-O /~ to be the original resolution adopted by the City Council of the
City of Santa Ana ~- t
EXHIBIT ~
286
EXHIBIT B
All that certain real property situated in the State of California,
County of Orange, City of Santa Aha described as follows:
An undivided 1/2 interest in and to the following described real
property:
Parcel 1:
Lots 12 and 13 of J.W. Birt's Subdivision, in the City of Santa
Ana, County of Orange, State of California, as shown on a map
recorded in Book 3, page 48 of Miscellaneous Maps, records of
Orange County, California.
Parcel 2:
The South 26.0 feet of Lot 11 of J.W. Birt's Subdivision, as shown
on that certain map recorded in Book 3, page 48 of Miscellaneous
Maps, records of said County.
Excepting therefrom that portion thereof described as follows~
A spandrel shaped area bounded Westerly by the West line of said
Lot 11; bounded Northerly by the North line of said South 26.0
feet; bounded Southeasterly by the arc of a curve concave
Southeasterly, having a radius of 25.0 feet, being tangent to said
Westerly and Northerly boundaries.