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Home My WebLink About2022-013 - Acquisition of Property Located at 2702 N. Bristol Street for the Bristol Street and Memory Land Instersection Improvements ProjectRESOLUTION NO. 2022-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2702 N. BRISTOL STREET (APN NO. 002-261-06) FOR THE BRISTOL STREET AND MEMORY LANE INTERSECTION IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On February 1, 2022, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to California Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest and necessity requires the project described above (`Project'). B. Whether the Project is planned or located in a mannerwhich is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the Project; D. Whether the offer required by California Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Statement/Environmental Impact Report No. 89-01 and all subsequent addenda, including the addendum prepared forthe Bristol Streetand Memory Resolution No. 2022-013 Page 1 of 4 Lane Intersection Improvements Project, which was approved on December 5, 2017 by City Council Resolution No. 2017-077. Section 3. Pursuant to Title XIV, California Code of Regulations, section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Project will have the potential for any significant adverse effect on fish and wildlife. The Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, the payment of Fish and Game Department filing fees is not required in conjunction with this Project. Section 4. The City of Santa Ana hereby finds and determines each of the following: 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 least private injury. C. The Property located at 2702 N. Bristol Street (APN No. 002-261-06), as described in Exhibit A, is necessary for the Project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience, and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of the Bristol Street and Memory Lane Intersection Improvements Project. The location of the Project is the intersection of Bristol Street and Memory Lane. Included in the Project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2022-013 Page 2 of 4 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section B. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18t day of February, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney Sohn Funk .v Sr. Assistant City Attorney Resolution No. 2022-013 Page 3 of 4 AYES: Councilmembers: Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento (6) NOES: Councilmembers: Lopez (1) ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-013 to be the original resolution adopted by the City Council of the City of Santa Ana on February 2022. Date: Daisy Gomez Clerk of the Cou cil City of Santa Ana Resolution No. 2022-013 Page 4 of 4 HUITfXV- M EXHIBIT A HUITT-20LLARS, INC. • 2603 Main Street • Suite 400 • Irvine, CA 92614-4250 •949.988.5815 phone • 949.988.5820 fax • huitt-zollars corn R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION A.P. NO. 002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows: Beginning at the Easterly terminus of that certain course in the Northerly Right -of -Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right -of -Way line North 45°57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01'09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right -of -Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right -of -Way line, the following two (2) courses: South 01 °09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning. Containing an area of 1,645 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. :I IN.. r t r/R307513.03/02/02.10/NewR0W-3/zk/dwnr I I0 Z hS l.1 0 Co N8 � W 9 W J 03'28"W I h 11.00' eW � h O C3 y 11 50' 61, (XXX) INDICATES RECORD I N4557'17"E DATA PER R.S.B. 64146 37.96' ��:; ` \J LINE MEMOR LANE (N895730" i N4603'35"E 28.34' t -P.O.B. N890328"W jj 1774'70.12NB03'28"W 0. M)Y O ERLANE t-cREVSED: 11 Huj'�'j�,�,ZOLL /� RC SKETCH TO ACCOMPANY 1"DMf l � j �j'�[� A LEGAL DESCR/PTION �+""" BY p� I•hAtt-ZoNkm Ine. Irvine EXHIBIT 'B� aveareo er 26M Mein 81treet• Suite 400, Irvine, CA 92614 J✓L Phone (949) 9W-sets Fax (949) gee-5820 RIGHT OF WAY DAIE 41612018 •RWOlco By / ACOUISTION XB a �%� /�8 A.P.N. 002-261-06 No R307513.03 R.kR3075/3.OJ\CADD\MAPPING\DWG\EX\30751303JEX05.DWG 9 W J 03'28"W I h 11.00' eW � h O C3 y 11 50' 61, (XXX) INDICATES RECORD I N4557'17"E DATA PER R.S.B. 64146 37.96' ��:; ` \J LINE MEMOR LANE (N895730" i N4603'35"E 28.34' t -P.O.B. N890328"W jj 1774'70.12NB03'28"W 0. M)Y O ERLANE t-cREVSED: 11 Huj'�'j�,�,ZOLL /� RC SKETCH TO ACCOMPANY 1"DMf l � j �j'�[� A LEGAL DESCR/PTION �+""" BY p� I•hAtt-ZoNkm Ine. Irvine EXHIBIT 'B� aveareo er 26M Mein 81treet• Suite 400, Irvine, CA 92614 J✓L Phone (949) 9W-sets Fax (949) gee-5820 RIGHT OF WAY DAIE 41612018 •RWOlco By / ACOUISTION XB a �%� /�8 A.P.N. 002-261-06 No R307513.03 R.kR3075/3.OJ\CADD\MAPPING\DWG\EX\30751303JEX05.DWG (XXX) INDICATES RECORD I N4557'17"E DATA PER R.S.B. 64146 37.96' ��:; ` \J LINE MEMOR LANE (N895730" i N4603'35"E 28.34' t -P.O.B. N890328"W jj 1774'70.12NB03'28"W 0. M)Y O ERLANE t-cREVSED: 11 Huj'�'j�,�,ZOLL /� RC SKETCH TO ACCOMPANY 1"DMf l � j �j'�[� A LEGAL DESCR/PTION �+""" BY p� I•hAtt-ZoNkm Ine. Irvine EXHIBIT 'B� aveareo er 26M Mein 81treet• Suite 400, Irvine, CA 92614 J✓L Phone (949) 9W-sets Fax (949) gee-5820 RIGHT OF WAY DAIE 41612018 •RWOlco By / ACOUISTION XB a �%� /�8 A.P.N. 002-261-06 No R307513.03 R.kR3075/3.OJ\CADD\MAPPING\DWG\EX\30751303JEX05.DWG R.kR3075/3.OJ\CADD\MAPPING\DWG\EX\30751303JEX05.DWG HUITT-ZOLLARS, INC. • 2603 Main Street -Suite 400 - Irvine, CA 92614-4250.949.988.5815 phone • 949.988.5820 fax • huitt-zollars.com R307513.03 04-06-18 Revised 04-12-18 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO.002-261-06 That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, being a strip of land 5.00 feet in width, the Southeasterly and Easterly lines of said strip described as follows: Commencing at the Easterly terminus of that certain course in the Northerly Right -of - Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' It on said Record of Survey; thence along said Northerly Right -of -Way line North 89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly Right -of -Way line North 45'57'17" East 37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01'09'50" East 108.17 feet to a line being parallel with and 185.00 feet Northerly of the centerline of Memory Lane as shown on said Record of survey. The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Northerly Right -of -Way line of Memory Lane and to terminate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane. Containing an area of 733 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. r/R307513,03/02/02.10/NewTCE-3/z1c/dwm EXHIBIT "A" R307513.03 LEGAL DESCRIPTION -CONTINUED 04-06-18 TEMPORARY CONSTRUCTION EASEMENT Revised A.P. NO.002-261-06 04-12-18 PAGE All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. %- iy ,j -R .. PLS 9305 r/R307513.03/02102. 10/ NeW10E-3/zk/dwm i I 50' a I , Q o � I y r _ N89 0328"W 3 A y c� r,I� J 61, �- � a I ;� 11• �, o I $ 21 a 2 (XXX) INDICATES RECORD e ' DATA PER R.S.B. 64146 I T.P.O. — N45 5717E 37.96' N'LY RIGHT OF WAY P.O.C. LINE MEMORY LANE (N8957'30"W-� N8903'28"W 7089'0328"W . N12' 17.74' , MEMORY LANE REVISED 4112118 HUITf -ZOLLARS Hula-Zolare, Inc. IrNne 03 MoJn 8lreet, Suite 400, Irvtne, CA 92614 ion* (949) M-5815 Fax (949) 988-5820 VED BY SKETCH TO ACCOMPANY A LEGAL DESCRIPTION EXHIBIT 'B' TEMPORARY CONSTRUCTION EASEMENT A.P.N. 002-261-06 DRANK 9Y DWM CHECKED 9Y JJL DA'E 41612018 " NO, R307513.03