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Home My WebLink About2002-017 - Acquisition of Certain Real Property Located at 800-810 East Dyer RoadRESOLUTION NO. 2002-017 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 (SHEDD-SILK PROPERTIES, LOCATED AT 800-810 EAST DYER ROAD) 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 February 13, 2002, 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; and C. Whether the property proposed to be acquired is necessary for the project. 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 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 00-64) 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 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 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 Resolution No. 2002-017 Page 1 of $ 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 800-810 East Dyer Road in the City of Santa Ana, California consisting of approximately 400 square feet of property to be acquired in fee title (for right of way purposes), together with approximately 400 square foot temporary construction easement (collectively referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of Califomia, 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 Dyer Road Widening Project ("the Project") and related improvements. The location of the Project is between Main Street and Grand Avenue provides rehabilitation and reconstruction of existing pavements and replacement of damaged curb, gutter and sidewalks. In addition to the rehabilitation of existing road a right-turn-only lane will be provided to facilitate the traffic flow to the southbound SR-55 on-ramp in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. 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, Santa Ana Municipal Code §41-78; California Code of Civil Procedure section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 5100, 5101, 5101.5, and 5102, California Government Code section 23530.5, California Streets & Highways Code section 943, and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about October 9, 2001. 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. Resolution No. 2002-017 Page 2 of 5 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 4th day of March, 2002. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:/~~ ~eSe Sandoval ~- nior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, McGui.qan, Pulido, Solodo (7) None None (0) None (0) Resolution No. 2002-017 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-017 to be the original resolution adopted by the City Council of the City of Santa Ana on March 4, 2002. Date: ~-~-,~,~-~"~- ~ ~~ Clerk of the Council City of Santa Ana Resolution No. 2002-017 Page 4 of 5 EXHIBIT "A" HUFFF-ZOLIARS Hui[~-Zol[ar$. I~c. 115101 Red Hilt Avenue / Tustin. California 9278C-.65c'~ I P,'~ne [714} 259-79C0 / Fax (714] 259-0210 10-0796-07 (A) 05-08-01 LEGAL DES CRI}'TION A.P. NO. 411-141-04 That portion of Parcel 1 of Parcel Map No. 81-879, in the City of Santa Ana, County of Orange, State of California, as shown on the map filed in Book 166, Page 12 of Parcel Maps, in the office o£the County RecorB~'~fsaid County, described as follows: Beginning at the Westerly terminus of that certain course in the Northerly line of said Parcel I shown as having a bearing and distance of "N 89°04'45" W 40.00' "on said Parcel Map, said point also being the Northwest comer of Parcel 1; thence continuing along the Northerly and Easterly lines of said Parcel 1, the following courses: South 89°04'45'' East 40.00 feet, South 00°55'15'' West 2.57 feet to the begirming of a curve concave Westerly having a radius of 1166.28 feet and Southerly 7.43 feet along said curve through a central angle of 00°21'$4" to a line being parallel with and 10.00 feet Southerly of said Northerly line of Parcel 1; thence leaving said Easterly line non-tangent along said parallel line North 89°04'45'' West 40.00 feet to a point on the Westerly line of said Parcel 1, said point being the beginning of a non-tangent curve concave Westerly having a radius of 1126.28 feet, a radial of said curve to said point bears South 88°42'$2" East; thence along said Westerly line, the following courses: Northerly 7.17 feet along said curve through a central angle of 00°21'53'', and North 00°55'15" East 2.83 feet to the point of beginning. Containing an area of 0.009 acres, more or less. Subject to'covenants, eox~ditions, reservations, restrictions, rights of way and easements, if any, of record. NO. 6343 EXP. 1213112002