HomeMy WebLinkAbout2003-027 - Acquisition of Certain Real Property Located at 1950 East Edinger AvenueRESOLUTION NO. 2003- 027
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
LOCATED AT 1950 EAST EDINGER AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana on March 3, 2003, after
written notice duly provided to all those claiming ownership, including the owners of the
property described hereafter, as they appeared on the last equalized County
assessment roll, held a hearing pursuant to 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 or necessity requires the project;
Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
Whether the property proposed to be acquired is necessary for the
Project;
Whether the offer required by Government Code section 7267.2(a),
together with the accompanying statement and summary of the basis for
the amount established as just compensation, was actually made to you
and whether said offer and statement/summary were in a form and
contained all of the factual information required by Government Code
section 7267.2(a);
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
Whether the City has statutory authority to acquire the property by
eminent domain.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project. The City Council has, as a result of its consideration and the evidence presented
Resolution No. 2003-027
Page 1 of 10
at the hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously
prepared Negative Declaration (ER 97-3) adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be faidy argued that the Project will have a
significant adverse effect on the environment. The City Council hereby approves use of
this previously adopted negative declaration and directs that the Notice of Determination
be prepared and filed with the County Clerk of the County of Orange in the manner
required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has
determined that the public interest, necessity, health, safety and welfare require the
acquisition by the City of Santa Aha of the specified interests in a portion of that certain
real property located at 1950 E. Edinger Avenue in the City of Santa Aha, California
consisting of approximately 2817square foot of property to be acquired in fee title (for
right of way purposes), together with approximately 3,384.02 square foot temporary
construction/landscape easement (collectively referred to as "the Property"). The
Property is situated in the City of Santa Ana, County of Orange, State of California, and
more particularly described in Exhibit "A" which is attached hereto and incorporated
herein by reference and made a part hereof as though fully set forth herein, for the
public purposes hereafter set forth.
Section 4. The City hereby finds, determines and declares that the public
interest, convenience and necessity require the acquisition by said City of the Property
for the purposes of the widening of Edinger Avenue ("the Project") and related
improvements. ']'he location of the Project is on Edinger Avenue and the 55 Freeway.
Included in the project w ill b e street p ave-out, a nd t he installation of concrete curbs,
gutters, sidewalks, and raised median in a manner which will be most compatible to the
greatest public good and the least private injury.
Section 5. The taking o f t he interest i n s aid Property a s above described 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 ^na Charter, Santa Ana Municipal
Code §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 943, 5100, 5101,5101.5, 5102, and other applicable law.
Resolution No. 2003-027
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Section 6. The offers required by Government Code section 7267.2 were
made to the appropriate party or parties on or about February 27, 2001 and a revised
offer on or about December 10, 2002.
Section 7. Excepting the portion of the Property for which the City will acquire
only a temporary construction easement, 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 said Property.
Section 8. That if any of the Property 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. Said Property is located within the City of Santa Ana, County of
Orange, State of California, and is more particularly described in Section 3 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
said Property. The City Attorney is also authorized and directed to obtain a necessary
order of immediate possession and occupancy of said 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 17th day of March, 2003.
Migu~W~ f'Pulido
Maj..or'
Resolution No. 2003-027
Page 3 of 10
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
/<J"c0s~ Sandoval
6~Senior Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Christy, Franklin1 Garcial Pulido, Solorio (5)
None (0)
None (0)
Alvarez, Bist (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-027 to be the original resolution adopted by the City
Council of the City of Santa Aha on March 17, 2003.
Clerk of the Council U
City of Santa Ana
Resolution No. 2003-027
Page 4 of 10
EXHIBIT "A"
Resolution No. 2003-027
Page 5 of t0
LEGAL
ED., N~ER AY~NU-.
..... PARCEL ~0001 A~D
· ' '' "(~.iLL~fi BLAZR ~0Y~, ~..- ." -...
' ' -' - .... ~1~ FAXZLY TRUST) , - ~'"'
· . . ' , ". . :] - . . : .~"
Those certain p~rcels of l~nd'si;"
~u:~ed in..th~ City of ~,~ta Anz, Count~ of
~ 0r~nge, St[te of.~ali~orpi~; being those.portions of P~rcel 1'[nd Parcel.
- .s~,o~n on a. ~=~ ,~led ~n Book 53 Pace 22 of P~rcel H~p~ in the Office of
Couno R:cord.r o, sa~d. Or,ng.__Cou~y, descrlb:d ~as lollo~: · ·
~ ....... PARCEL 1000! '
EEGIF, HI~[G it the northeasterly.corner of s[jd Parcel 1;'- ....................... ~.5.' '
thence ~long th~ hortherly line of s,id Parcels 1 z~d 2 Sout~ 89°52'25"
5g.329 meters to a' point of cu'sp with a ' -.'' . '
~ang:n~ cuKY~ concave ~outherly and
having a radius of~.12.6OO'meters;· ' ' " ' '
thence ~lon~ ~d curve e~sterly 2.54g ~eters through :~ central ~n~le of
curv. Sou~ /8 43 03 Eas~ 21.51! m=~ers
begihning of ~ tm~ngent curve concave northerly End h.v~n= a r,d~u= of 17.67g
meters;
thence ~lon~ "'
s=~o curve e~ste~ly 3/!67 meters tSrough a central angle 'of
10:!5'47";
th~ce ~ ....
~=n~.=,,~ 7rom sa~d curve South 65=58'50" East 3!~575 m~ters io a point in
~n= e~sterly lin~ of slid P~rcel ~, distant thereon South 00=07'35'' E~st 5,455
thence ~long said e'asterly lin~ North 00:07'35" ~=.st 5.485 meters to the
OF ~EGIH)'!hC', -
Ra~o)ufion No.
Page 6 of 10
r August. 35, .lg99
'R~ber~ 13e~n, ~illiam Frost & Associates - :.,~ .... . .... ~ .....
.(Willis Blair Boyd, 'Jr. 199S' F~mily TruSt) .... Page '2 of 2'
CO~TAINi)iO: 228.455 square mst'ers, more or les~.
'PARCEL 100~!.!
:..... .... COM,~EI~C.!KG. at the. nort.~:eas, terly corner..ef s~id P~rcel 11 . .... :. .
_ 7 thence al on~ ~'h~ ~'- ....
north:fly lifts of s~id Parcels 1 and 2 South 89~52'.25'' .West·
6!.95! meteFs to .the ~RUE POINT OF BEG!~R!N~;~ L.
thence continuing along sAld nor~n.rly line' and 'the northwesterly ~nd
lines of s.~o Parcel Z through following courses: South,89%~'ZS".West 0~405
meters to the beginning of a tangent curve concave' southeasterly ~nd
'ol 7.620 meters; ~ ' ~' "' '
...... i~ ~:[.radiu~ ........ .h~ .... : -~..]ilf i 7~ iLL] - '
th~nc: ~lon9 s:~d curve' we~ter]>',. ~outh'.'es~rly ~nd southerly'!4;297 meters"
- '~'- .:;- t~rough-a~Fentra!._aqgle of 107"29'58"; .. ..:
thence tangent from s~id curve S60th !7~37'33'' E=s~ .B76.m:ters, - ...
th~Dae' leaving said westerly ]i9'e Horth 34~7'27.,'East'13.053 meters'to the 7RUE
POINT OF mBEG!~(N!NG..,' "
CO}[TAT-t[~{'(G: 33.300 square meters, more o~ l~'ss.' ' ·
Unle.-s .o~n=rms: noteo,, all bearings a?,d distances.in.this.description are metric
· ~round: based or, the C~liforhi~' Coordinate ..System, :.(c~B3)
(~g91.35 O.C.S. ~PS
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of P, eco,~d.
·
c~:cfitQ arid by this r=,.r.nc, r,,.e., p.r~ h.rco,.
,/t.. .. ,~'.
/-" .- : ~u."<X
. . . .~..~. K~vin O. ~cSu~h, O . P.L.S. 63~0
· Resolution No. 2003-027
Page 7 of 10
O/Or-,
I~IT 'B"' "
fOttl~£R AVEtlU£
Fg£CEL lO001 ,~t,'9 F~.P. CEL 10',901.1 ' .
£0'['0, dP,. co- flJ, fi£V TRUST)
IoflO
R=7. ~2~
· :..'T,P,O,~, ._
o.z.o~:~ ' '
EXHIBIT "A" page'3 of ~
I~egal Description
AP No; 403-021-13
For Temporary La.ndscape Easement
1950 E. Edinger Avenue
(Willis B. Boyd, Sr.)
That ce~ain parcel of land situated in the City of Santa Aha, Coun~ of Orange, State of Califomi=_,
bel/g those potions of Parcel 1 and Parcel 2 as shown on a re. ap flied in Book 53, Page 22 of
Parcel Maps in the Office of the Cqunty Recorder of said Orange County, described as follows:
Commen~in~ at t'he'northeast corner of said Parcel 1; thence along the eas.t line of said Parcel
South 00° 07' 35" East 5.485 meters; thence North 88°58'50 West 6.098 meters to the true point
of beginning; thence Nodh 88° 58' 5¢ West 25.478 meters to the beginning of a curve concave
northerly and having a radius of 17.679 meters; thence westerly along said curve 3;167 '¢
me~rs
through a central angle o~' 100 15' 47"; thence North 780 43' 03' West 21.511 mete'rs to the
beginning of a curve concave southerly and having a radius of 12.800 meters; thence westerly
_ along said curve 2.549 meters through a central angle of 11~ 24' 32' to the north line of sam Parce!
2; thence S6Uth'89° 52' 25"-West 3.652 rnetecS~l~ng said no~h line; thence South 340 27' 27'
West 13.053 meters to the v~estedy line Of said ParceL-2;,~hgn~e'South 17~ 37~ 33*- East 5.795
..... . me[ef_s a!~n_g said westerly line; thence Nodh 340 27' 27'" East 14.213 meters; thence North 89· 52'
-' 25' East, 1.251-meters to the beginning of.a curve concave southerly and havina a radius of 8.228
meters; thence easterly along said curve 1.638 meters tii788~h"~-c'entral angle of-11°~24L32~;
thence South 780 43' 03' East 21.511 meters to the beginning of a curve concave northerly, end
having a radius of 22.251 meters; thence easterly along said curve 3.986 meters through a central
angle of 10° 15' 47"; thence South 880 58' 50" East 25.559 meters; thence North 00~ 07' 35" West
4.573 meters to the true point of beginning.
Comaining an ,=rea o, 314.5 square me,ers, more Or les§'.
Ail as shown on Exhibit 'B* attached hereto and made a part thereof.
P£ep~;'e;::l' under the ~(.tpervision of: ' .................
LE~cJ. MA~IN ~/ /. ~dATE
LS 5683 ~/
Resolution No. 2003..027
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