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Home My WebLink About98-040 - 1420 South Bristol Street at the Northwest Corner of Bristol Street279 BK: 7/24/98 RESOLUTION NO. 98- 040 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 1420 SOUTH BRISTOL STREET AT THE NORTHWEST CORNER OF BRISTOL STREET & EDINGER AVENUE, ADJACENT TO FORMER LITTLE CAESAR'S SITE) WHEREAS, the City Council of the City of Santa Aha on August 3, 1998, after at least fifteen (15) days written notice to all those claiming ownership, 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. 109-266-18, and located at 1420 South Bristol Street, at the northwest corner of Bristol Street and Edinger Avenue (~ the Billboard Property" ). The Billboard Property is situated in the City of Santa /Ina, 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 both sides of a portion of Bristol Street between McFadden Avenue and St. Andrew Place, including the referenced portion of Bristol 28O RESOLUTION NO. 98- 040 PAGE 2 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 Aha 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 Ana, County of Orange, State of California, and is more particularly described in Section 1 hereof. 7. The City of Santa Aha 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 281 RESOLUTION NO. 98- 040 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 8th day of September , 1998. ATTEST: ~n)ce C. Guy ' {Clerk of the Council COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Franklin Aye Lutz Aye McGuigan Aye Moreno Absent APPROVED AS T~ FORM ~hi~e~s~fa~mn~ncityAttorney CERTIFICATE OF ORIGINALITY State of Califomia County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. q~ ? O bZt~>~ to be the original resolution adopted by the City Council of the City of Santa Ana on ~/~I ,~ ~ . Date: ~'/~/q~ ~"~. ~ '/ '/ ' ///// Clerk of the Council7-~' c/ City of Santa Ana t~J 282 RESOLUTION NO. 98- 40 PAGE 4 THIS PAGE INTENTIONALLY LEFT BLANK SANTA ANA 14'X 48' BILLBOARD SI'ITfl~G ON 3.3' DIAM~I'~R POLE LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND WESTERLY 62.7' FROM CENTEK LINE OF BRISTOL STREET AND SOUTHERLY 3.0' FROM NORTHERLY PROPERTY LINE OF LAND DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK "J" OF REVISED PLAT OF THE WEST TRACT, AS SHOWN ON A MAP RECORDED IN BOOK I, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 OF THE SUBDMSION OF PART OF THE ASCENSION SEPULVEDA DE MOTT TRACT AS SURVEYED BY E.K. NICHOLES ON FEBRUARY 10, 1874 AND SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID SOUTHEAST CORNER BEING THE INTERSECTION OF THE CENI~R LINE OF BRISTOL STREET WIIH THE CENTER LINE OF EDINGER STREET; THENCE NORTH ALONG THE CENTER LINE OF BRISTOL STREET 332.50 FEET TO A POINT IN THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 4 OF "THE WEST TRACT", AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 21 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA~ THENCE WESTERLY ALONG SAID EXTENDED LINE AND THE NORTHERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, 262.0l FEET; THENCE SOU'I~ 332.50 FEET TO THE CENIER LINE OF EDINGER STREET AND THENCE EAST 262.01 TO THE POINT OF B~INNING. City Council Agenda Date AUG. 3, 1998 BILLBOARD DESCRIPTION 1420 S. BRISTOL STREET EXHIBIT A TRle: PUBLIC HEARING - CONDEMNATION OF PROPERTIES FOR WIDENING OF BRISTOL STREET BETWEEN MCFADDEN ~ AVENUE AND ST. ANDREW PLACE 283 284 PROP. EXIST, BILLBOARD POLE EXIST. PROPERTY LIN~ 1442 S. BRISTOL ~ (LITTLE CEASAR'S PIZZA) 5O 0 EXIST. PROPERTY L 140+21.00 CL DRWY. ,A= 0'.~ ,, ~, - BILLBOARD LOCATION MAP 1420 8. BRISTOL STREET EXHIBIT B SANTA ANA City Council Agenda D~,te AUG. 3, 1998 PUBLIC HEARING - CONDEMNATION OF PROPERTIES FOR WIDENING OF BRISTOL STREET BETWEEN MCFADDEN AVENUE AND ST. ANDREW PLACE