HomeMy WebLinkAbout95-048 - Eminent Domain of a Portion of that Certain Real Property at 5008 West8/2~/95
RESOLUTION NO. 95-048
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 THAT
CERTAIN REAL PROPERTY AT 5008 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 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 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.
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RESOLUTION NO 95-048
PAGE TWO
3. The property to be taken is located at 5008 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
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 herein
described.
145
RESOLUTION NO. 95-0~L
PAGE THREE
ADOPTED this 2lst
day of August , 1995.
ATTEST:
~J~nice C. Guy / /~
Clerk of the Coun~i~
COUNCILMEMBERS:
PULIDO Aye
RICHARDSON Aye
ESPINOZA Ave
LUTZ Aye
McGUIGAN Aye
MILLS Aye
MORENO Nay
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
q,.5--O ,/oc'' to be the original resolution adopted by the City Council of the
City of Santa Ana on ~',:~/-
· ~/// Clerk _of the Co6ncil
//
City of Santa Ana C t
RESOLUTION 95-048
EXHIBIT A
Ail that certain real property situated in the State of California,
County of Orange, City of Santa Ana described as follows:
The Southerly 12.00 feet of the Northerly 52.00 feet of the East
45.00 feet of the West 735.00 feet of the North 220.00 feet of the
Northwest quarter of the Northwest quarter of Section 9, Township
5 South, Range 10 West, in the Rancho Las Bolsas, as shown on a map
filed in Book 51, page 12 of Miscellaneous Maps, in the office of
the County Recorder of said Orange County.
(Commonly known as 5008 Westminster. Avenue)
RESOLUTION 95-048 14 7
J L
I,LI
WESTMINSTER AV.
SIXTEENTH ST.
IL
Exhibit B