HomeMy WebLinkAbout96-020 - Acquisition by Eminet Domain of that Certain Real Property at 1106-1120, 1136 South Bristol Street 437
2/6/96
RESOLUTION NO. 96-~20
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 1106-1120 AND 1136 SOUTH BRISTOL
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 to be taken
is the widening of Bristol Street between McFadden and
Edinger Avenues ("the proposed project").
2. The City of Santa Ana is authorized to acquire the
property by eminent domain by sections 37350.5
and 40404 of the Government Code of the State of california.
RESOLUTION NO 96-020
PAGE TWO
3. The property to be taken is located at 1106-1120 and 1136
South Bristol 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.
RESOLUTION NO. 96- 020
PAGE THREE
ADOPTED this 4th
day of March , 1996.
ORL A. --P~3LIDO
ATTEST:
COUNCILMEMBERS:
PULIDO
RICHARDSON
ESPINOZA
LUTZ
McGUIGAN
MILLS
MORENO
Aye APPROVED AS TO FORM:
Aye
Aye ·
Aye
Aye y~. Edward J. Cooper /
Aye r' 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
~5~, _ ~o,9D to be the original resolution adopted by the City Council of the
City of Santa Aha on ~/~-~/q~, .
J/Cl~rk of the
/ City of Santa Aha
· ~ '~ .' ~ ~' ~' ' · ' · ~ ~5 ~,% ~!!~ " ~-' ,,~!.~'
1136 S. BRISTOL STREET~,
APN: 109-071-09
1106-1120 S. BRISTOL STREET
APN: 109-071-02
MCFADDEN AVENUE
300°
462'
150' .
441
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 Westerly 18.00 feet of the Easterly 30.00 feet of the North
496.00 feet of the East 462.00 feet of Block I of the Revised Plat
of the West Tract, as per map recorded in Book 1, page 13 of
Miscellaneous Maps, records of Orange County, California.
Except the North 162.00 feet of the East 162.00 feet thereof.
Parcel 2
The East 30.00 feet of the South 100.00 feet of the North 596.00
feet of the East 462.00 feet of Block I of the Revised Plat of the
West Tract, as shown on a map recorded in Book 1, page 13 of
Miscellaneous Maps, records of Orange County, California.
Parcel 3
An easement for landscape and sidewalk purposes over the Westerly
20.00 feet of the Easterly 50.00 feet of the North 496.00 feet of
the East 462.00 feet of Block I of the Revised Plat of the West
Tract, as per map recorded in Book 1, page 13 of Miscellaneous
Maps, records of Orange County, California.
Except the North 162.00 feet of the East 162.00 feet thereof.
Parcel 4
An easement for landscape and sidewalk purposes over the Westerly
20.00 feet of the Easterly 50.00 feet of the South 100.00 feet of
the North 596.00 feet of the East 462.00 feet of Block I of the
Revised Plat of the West Tract, as shown on a map recorded in Book
1, page 13 of Miscellaneous Maps, records of Orange County,
California.