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Home My WebLink About99-071 - Finding and Determining that the Public Interest, Convenience and Necessity RequireRESOLUTIONNO. 1999- 071 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 (SHELL SERVICE STATION LOCATED AT 2302 EAST SEVENTEENTH STREET) WHEREAS, the City Council of the City of Santa Ana on November 1, 1999, 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, 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; (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; (c) Whether the property proposed to be acquired is necessary for the project, and (d) Whether the public imerest requires acquisition of the remnant parcel pursuant to Code of Civil Procedure section 1240~410 et seq. 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 that certain real property identified as Assessor's Parcel No. 400-211-010 and located at 2302 East Seventeenth Street in the City of Santa Ana, California ("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 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.a. 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 Resolution No. 1999- Page 2 of 6 purposes of the Seventeenth Street at SR-55 Approach Project ("the Project") and related improvements. The current phase of the Project entails creating acceleration and deceleration lanes for entrance to and exit from the southbound SR-55 and related improvements. 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 these improvements will significantly improve the vehicular traffic- carrying capacity and movement efficiency for this heavily traveled arterial and the SR-55 freeway. The added capacity this phase of the Project is to provide will greatly aid traffic cimulation by reducing congestion and delay and accommodating projected future traffic increases. In addition, a 20 x 20 foot portion of the :Property must be set aside, in conformance with the Urban Design Element of the City's General Plan, as a site for a future work of public art. b. The City further f'mds, determines and declares that the remnant of the Property, after the required take, will be left in such size, shape or condition to be of little market value such that the City is entitled to acquire the entire parcel. Among other facts, the remnant would be less than the minimum lot size for the zoning district in which the property is located, and it is unlikely that the City would grant a variance of the minimum lot size development standard for any future use proposed for the remnant of the Property. c. The taking of the interest in said 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, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 4090, 5100, 5101, 5101.5, and 5102, California Code of Civil Procedure sections 1240.410 - 1240.430, inclusive, California Government Code section 23530.5, California Streets & Highways Code sections 943 and 4090(b), and other applicable law. 3. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about July 20, 1999, and a revised offer was made on or about September 1, 1999. 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 Property. Resolution No. 1999- ~> 7/ Page 3 of 6 5. 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. 6. Said 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 Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. 8. The City Attomey is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court havingjurisdictionthereof, 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. ADOPTED this 1st day of November 1999. ATTEST: of the Council M~yorA' Pu~lid° COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Absent Christy Aye Franklin Aye McGuigan Aye Moreno Nay APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By~ 5,/3' Benj an)Jjffraufman ]/ Chief(J~ssistant Cit]/Attorney Resolution No. Page 4 of 6 1999- o ?/ CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.1999-o7/ to be the original resolution adopted by the City Council of the City of Santa Ana on.//,//,/ ,1999. Date: ///q/qq ~. / "'' (// Clerk of the C(u~l ~' City of Santa ~kn'a Resolution No. 1999- o 7/ Page5 of 6 EXHIBIT tat Tract '40. '? 23.02 E 17th Sffl'ustin. S~mta_Ana. O)~N~,E, WIC 20449360406 Tax ~*1 # J~)-211~Ol That portion Of Lot S 0f "Fel(pe Yorba Tract", in the City of s~nta Aha, County of Orange, State of California,' ~s per Map recorded 'in ~oo1( 4 Page 206 of ~scellaneous Re~o~s, in the Office of the County ReCOrder of Los' .Angeles County, Caltfo~ta, described as follow~) Be~fnni'ng' ~t the nortlt~est' corner of ~m'Id Lot ), said corner bein~ th'o', ce'~ter li~e .intersection of. 17th 'Street and Tos. tfn Avenue; thence south 1 ~eg~ees OZ :minutes 40 seconds east: 374.56 feet along the' center line of s~td Tustin AVenue;' thence north 88 degrees 1~ mtnute~ 20 seconds east ~7,00 feet; 'thence no~h ~ deg~es 02. m~nutes 40 seconds west 870.09, f~t to the center line of said [Tth Street; ~hence ~esterly ~gT,~ feet al~g sa~d Center 1fha to t~ ~int of beginnldg~ except the southerly ~75LO0 feet the~of, ~asured along the easterly end westerly lines thereof,' together'~ith all rightS, privi'lege~ end appurtenances thereunto belong- tn~,. ell buildings end iroroveme'nts thereon, end all r(ght) title on~ interest, of Grantor (.if any) in and to the alleys, Streets' and'roa~s . adjacent~t-hereto; Resolution No. 1999- w 7/ Page 6 of 6 EXHIBIT'B' /! II 2302 E. 17TH STREET