HomeMy WebLinkAbout2003-036 - Acquisition of Certian Real Property Located at 3600-3700 South Bristol StreetRESOLUTION NO. 2003-036
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 3600-3700 SOUTH BRISTO_L STREET)
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 April 7, 2003, after
written notice duly provided to all those claiming ownership, including the owners of the
property described hereafter, as they appeared or3 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);
E=
Whether the City has complied with all conditions and statutory
requirements necessary to exemise 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
E=
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. 2003-036
Page 1 of 8
at the hearings on this matter, determined that, as required pursuant to the Califomia
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously
prepared Negative Declaration (ER 2003-45) adequa_tely 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 fairly 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 XlV, 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 Ana of the specified interests in a portion of that certain
real property located at 3600-3700 South Bristol Street, Santa Ana, California consisting
of approximately 1560 square foot temporary landscape easement (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 completing the Bristol Street and MacArthur Boulevard
Intersection Project ("the Project") and related improvements. The location of the Project
is on Bristol Street and MacArthur Boulevard. Included in the project will be street pave-
out, and the 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 of t he interest i n said 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 Ana 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. 2003-036
Page 2 of 8
Section 6. The offers required by Government Code section 7267.2 were
made to the appropriate party or parties on or about November 18, 2002.
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, a temporary landscape
easement 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 7th day of April, 2003.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
e~ni~r A~'s't~nt Cit~A.ttorney
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AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist, Christy, Franklin, Garcia, Pulido,
Solorio (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-036 to be the original resolution adopted by the City
Council of the City of Santa Aha on April 7, 2003.
Clerk of the Council
City of Santa Ana
Resolution No. 2003-036
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EXHIBIT "A"
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LA~D~CAI .c
LEGAL DESCRII)TIO:
Attachment No. 1-
· : ' Cou~'w~' of ~anSe, State o.r Ca!ifom[a ~s sho¥,v.
on * map filed in Book 40, Pages'5 and 6 of Parcel Maps iTlhe office 0[ the County Recorder of
said County, described as follows:
Be~hmning at *.he intersection of the Easterly prolongation of a line paralie[ with m~.d distant t 1
5Ied ~n Book 40, Pa~es 5 and 6 of Parcel Maps, as hz~qng t bemqng ~nd lengEn of
89*0358" ~st~ 74A~feet, %~ Ene Southwesterly l~e of ear potion described in deed to
~m~e CounV Ylood Conwol Dis~cr, (OCFCD) Recorded Dece~oer 15, 1960 in Book 5550,
P~e)23 of Official ~ecords of ~ge Count': ~nence continuing along said Souewest~ly
So'th 40*29' 12" ~as~, 21.96 feet; Enence South 49=38'41" West, 1.0t feet to ¢c begh~nlng of a
No~awestefly along said cm'e tlm-ough a ten,at tangle of 89=52'07'' a distance of 6.27 feet to
poht on ~ hne 5.00 f~et Sourh~,vesterly of and parallel ~qm s~m Sougw est~ly hne o~ t.,e O.~FCD
n~m,-o:-xx ay, th~nc~ f saidla~t ment oncd ~ra!!el Ink No~h40~29'12'' West, 15'70 f:et t° z
- ,,therl of and ~ralle~ wi¢ said Ncr&erlv 1 ne of said Parcel: thence '
i~oi?.t on z thne l&00 feet So~ y P .... - '
,., .~ ~ ~, * ,-e,,We~,70.~C 2et;~nence~outh49~3S'41''
alonzsa[dI~stmenttonedpara~J1 ,..lso~m 89 30 ~,, -'
We~, 14.98 feet to a point on a non tangent cm'e concave Northerly and hahag a radius
125.00 ~ket, g rzd[~l to said point bears Sou¢ 3'21 '44" West, ~ence Westerly eJong said test
menfion:d cu~'e tlm~ouyh a cen~al zrtgle of 14'49'32" a distance of 32.34 feat to a point on a
tzn~:nt reverse cu>'e concave Southerly and h~in~ a radius of 75.00 fee~, z radial to sa~d point
2100t'24' a distance of 27.52 feet to a point, a radial to said ha: mentioned poLnt bears Nor~
750'08' ¥/esq thence North 56~i7'21' Wes[ 13.19 feet to z polar on z non t~asent c~rve
-~x~- Southeasterly mhd h~ing a radius of 20.00 feet, a rea~l to said last mentioned poin~
tYgou~h ~ cen~z! an%le of 53:12'50" a distance of 18.58 fc*r to a poin[ on ~ tengen~
conc~:e Southerly and having a rzd~us of 90.00 2et, a radial to
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A.P. No, 412-131~17
Southerly of and para!Id xnm sad No~aert> l~-,: o~ said Parcel; thence South
78.92 .~et Ao,.o said last mentioned p~z!lel t~ne to ¢~ P&nt of Bedrm[n~.
CONTAL"iZNG 1560 SQ. trf. MOP~E O~ LES S
SEE Fff}~ral'r '~B" ATTACHED ;20D BY ILEFERENCE ~,&~.DE A P.AI%Y HER.EOF
Prepared by
Pazagon pa~,~crs Ltd.
5762 Bo!sa Ave., Suite
Hmnfington B,ach, CA 92~59
7t4-379-3376
' dm ' / /Date
RC,E. 28219 Exp~ 03B1/06
Resolution No. 2003-036
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B~JSTOL STP-~T
Resolution No. 2003-036
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