HomeMy WebLinkAbout98-039 - 1111 South Bristol Street at the Southeast Corner of Bristol Street273
BK: 7/24/98
RESOLUTION NO. 98-
O39
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 PROPERTY INTERESTS LOCATED
WITHIN THE CITY OF SANTA ANA (A BILLBOARD LOCATED
AT 1111 SOUTH BRISTOL STREET AT THE SOUTHEAST
CORNER OF BRISTOL STREET & McFADDEN AVENUE,
ADJACENT TO CHIEF AUTO PARTS)
WHEREAS, the City Council of the City of Santa Ana on August
3, 1998, after at least fifteen (15) days written notice to all
those claiming notice, including the owners of the property
described hereafter, as they appeared on the last equalized County
assessment roll, pursuant to Code of Civil Procedure
section 1245.235, held a hearing 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;
(b) Whether the project is planned or located in a manner
which is most compatible with the greatest public good and the
least private injury; and
(c) Whether the property proposed to be acquired is
necessary for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA AS FOLLOWS:
1. 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 all interests in a billboard situated on Assessor's
Parcel No. 013-011-41, and located at 1111 South Bristol Street,
at the southeast corner of Bristol Street and McFadden Avenue
(" the Billboard Property" ). The Billboard Property is situated
in the City of Santa Ana, County of Orange, State of California,
and more particularly described in Exhibit A and depicted in
Exhibit B, both of which are 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.
2. The City hereby finds, determines and declares that the
public interest, convenience and necessity require the acquisition
by said City of the Billboard Property for the purposes of the
Bristol Street Widening Project (~ the Project" ) and related
improvements. The first phase of the Project entails widening
2'74
RESOLUTION NO. 98~ 039
PAGE 2
both sides of a portion of Bristol Street between McFadden Avenue
and St. Andrew Place, including the referenced portion of Bristol
Street, to add an additional lane in each direction. The location
of the Project is planned in a manner which will be most
compatible to the greatest public good and the least private
injury. Providing six travel lanes will significantly improve the
vehicular traffic-carrying capacity and movement efficiency for
this heavily traveled arterial. The added capacity which this
fully-improved six-lane divided road will provide will greatly aid
traffic circulation by reducing congestion and delay and
accommodating projected future traffic increases.
The taking of the interest in said Billboard Property as
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, California
Code of Civil Procedure section 1240.010, Government Code sections
37350.5 and 40404, Streets and Highways Code sections 4090, 5100,
5101, 5101.5, and 5102, and other applicable law. The pole
supporting the billboard extends into the public right of way and
will overhang a portion of the new public sidewalk if not removed.
In addition, failure to remove the billboard would disrupt
construction activities by potentially interfering with large
construction equipment to be used on the Project.
3. The offers required by Government Code section 7267.2
were made to all those claiming ownership of the Billboard
Property on or about June 30, 1998.
4. 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
Billboard Property.
5. That if any of the Billboard 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.
6. Said Billboard Property is located within the City of
Santa Aha, County of Orange, State of California, and is more
particularly described in Section 1 of this Resolution.
7. The City of Santa Ana is authorized to acquire by
eminent domain as provided in the California Code of Civil
Procedure.
8. 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
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RESOLUTION NO. 98- 039
PAGE 3
Billboard Property. The City Attorney
directed to obtain a necessary order of
occupancy of said Billboard Property.
is also authorized and
immediate possession and
Adopted this
ATTEST:
c. suy
erk of the Council
..... day of ~pe=m~ , 1998.
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Franklin Aye
Lutz Aye
McGuigan Aye
Moreno Absent
D A?~ORM
min Ka6fman
Chfef Assistant City Attorney
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
~'~ - t:> ~ to be the original resolution adopted by the City Council of the City of Santa Aha
on .
· ' ~f/ / cCIe& ~fl har~ aC °A~ t'/~ j
276
RESOLUTION NO. 98- 039
PAGE 4
THIS PAGE INTENTIONALLY LEFT BLANK
277
14'X 48' BILLBOARD SITTING ON 3.0' DIAMETER POLE LOCATED IN THE
STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND
EASTERLY 64.0' FROM CENTER LINE OF BRISTOL STREET AND NORTHERLY
11.5' FROM SOUTIffERLY PROPERTY LINE OF LAlqD DESCRIBED AS
FOLLOWS:
LOT 26 OF BLOCK "C' OF TRACT NO.603, AS PER MAP RECORDED IN BOOK
19, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THE WESTERLY 10 FEET OF SAID LOT 26.
SANTA ANA
City Council
Agenda Date
AUG. 3, 1998
BILLBOARD DESCRIPTION
1111 S. BRISTOL STREET
EXHIBIT A
;,
Titl : PUBLIC HEARING - CONDEMNATION OF:
PROPERTIES FOR WIDENING OF
BRISTOL STREET BETWEEN MCFADDEN
AVENUE AND ST. ANDREW PLACE
278
tSANTA ANA
/
/
City Council Title:
Agenda Date
AUG. 3, 1998
)-"CE--DR-WY ............... / //
:-'50'; 0 ~"' eX---4 ~ /
PUBLIC HEARING - CONDEMNATION OF
PROPERTIES FOR WIDENING OF
BRISTOL STREET BETWEEN MCFADDEN
AVENUE AND ST. ANDREW PLACE
EXHIBIT B
BILLBOARD
LOCATION MAP
1111 S. BRISTOL STREET
~ 1101 S BRISTOL ~
BILLBOARD POLE
/EXIST. PROPERTY LINE