HomeMy WebLinkAbout97-037 - Certain Real Property at 1306 West Edinger289
RESOLUTION N~ 97- 037
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 1306 WEST EDINGER
AVENUE, 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 Bristol Street between McFadden Avenue and
St. Andrew Place 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 97- 0~7
PAGE TWO
3. The property to be taken is located at 1306 West Edinger
Avenue 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 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. Th~ 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.
291
RESOLUTION 97-037
PAGE THREE
ADOPTED this 4th
day of Auqust , 1993.
OR L M. P~LIDO
ATTEST:
~ICE C. GUY /--
COUNCILMEMBERS:
PULIDO Aye
RICHARDSON Aye
ESPINOZA Absent
FRANKLIN Aye
LUTZ Aye
MCGUIGAN Aye
MORENO Nay
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
CITY ATTORNEY
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
Date: ~ ,/~ /,~ ?
/
I, JANICE C. GUY, Clerk of the Council, do hereby certi~ the attached Resolution No.
q '7 - ~9,.5 ~ to be the original resolution adopted by the City Council of the City of Santa Ana
RESOLUTION 97-037
,'Z92
- AREA O~ R/W TAKE:
- AREA OF' EASEMENT:
597.44
16399 S.F.
7012 S.F.
EDINGER AVENUE
~111.18'" -
~125' · }
15'"~-~--~-57'
3
ASPHALT PARKING
LOT
LANDSCAPE
PROPOSED R/W UNE'--,~X~
I
EX, S~NG BU,U~INO ~11
-256.18'-
( SCALE: 1"=100' )
44' _j
tn
1306W. EDINGER
I AP# 408-273-11
LEGAL DESCRIPTION
IlIAT PORT[ON DF Tile LAND ALLOTTED TO F. k/. KOLL '[N DECREE DF PARTi'TION OF
Tile RANCHO 5ANT[AGO DE SANTA AHA RECORDED ~N
J7TII 3UD[CTAL D;STRTCT COIJRT OF CAL~FORN[R, [N Tile C/TY OF OF SANTA ANA,
COUNTY GF ORANGE, STATE OF L:ALIRURN[R, DESCRZNED R5 FOLLON5:
BEGXNN]CNG Al' THE 5OUI'UEAST CORNER OF Tile SEPULYEDA TRACT, AS PER HAP
RECORDED [N BOOK :~[, PAGE 197 OF DEEDS, TN THE GPFrCE OF THE COUNTY
RECORDER OF LOS ANGELES, CALIFORNI*A, SAID PO]CNT BEING $140NN AS Tile
HORTIIEAST CORNER OF THE SOUTHEAST ~)UARTER OF THE NORTHEAST QUARTER OF
SECTTON 2~ TOWNSHIP 5 SGUTII, RANGE IO HEST, ON A HAP FILED LN BOOK 27,
PAGE ~i4 OF RECORD OF SURVEYS, TN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALTFORNTA~ TIIENCE NDRTII 89° 55' 5(]" WEST 170.32 FEETi
TIIEN(~E 5GUTII (I° O4e ](]" WEST 52.00 FEET TO A POI'NT TN Tile SOUTHERLY RIGHT
OF ~/AY LINE OF ED[HOER STREET, SAID PO]'NT 8ETNG Tile TRUE POINT OF
BEGTNNTNOt TNENCE 5OUTII 0° ]9' ri]" NEST ][]0.00 FEETt TtlENCE SOUGH §~o ~7~
1]" EAST 125.0D FEET l'U A POINT [N THE ~ESTERLY R[GOT OF llAY LZHE OF
OR!STOL STREET/ THENCE ALONG SAZD MESTERLY RTGltT OF NAY LXNE NORTH 00 /i7~
]0# ERST ]05o110 FEET TO Tile BEG[NH[NO OF A TANGENT CURVE CONCAVE TO THE
$OUTHIdEST,, IIAVtNG A RADIUS OF 25,00 FEET AND A CENTRAL ANOLE OF 90° 4.~~
90hi TllENCE ALONG SAID CURVE IN A NORTHNESTERLY DIRECTION ~9,5~ FEETI
TIIENCEIAI. ONG Tile SATD 5OUTIIERLY R[GIIT OF ~AY LINE OF ED[NOER STREET NORDI
~9e ~' 50" ~EST ]O0,O0 FEET TO TIlE TRUE POINT OF 8EG[NNZNO.
EXHIBIT B