HomeMy WebLinkAbout2002-024 - Acquisition of Certain Real Property Located within 13972 N. Tustin AvenueRESOLUTION NO. 2002-024
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
(RITE AID LOCATED AT 13972 N. TUSTIN AVENUE)
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 1, 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 99-135) 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
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Resolution No. 2002-024
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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 13972 N. Tustin Avenue in the City of Santa Ana, California
consisting of approximately 2, 873 square feet of property to be acquired in fee title (for
right of way purposes), together with approximately 810 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 California, and more
particularly described in Exhibit ^, 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 Seventeenth Street/Tustin Road Widening Project ('~he Project")
and related improvements. The location of the Project is Seventeenth Street between
Tustin Avenue and Ponderosa Street and will improve the vehicular traffic-carrying
capacity and movement efficiency for this heavily traveled arterials 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 sections 943 and 1810, 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 September 27, 2000.
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 previsions 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.
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.
Resolution No. 2002-024
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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 1st day of April, 2002.
'~ayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
/
By:j ~
Senior Assistant City Attorney
AYES:
NOES:
ABSENT~
NOT PRESENT:
Councilmembers: AIvarezl Bist, Christy, Franklin, McGui.qan, Solodo (6)
Councilmembers:
Councilmembers:
Councilmembers:
None (0)
Pulido (1)
None (0)
Resolution No. 2002-024
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRIClA E. HEALY, Clerk of the Council, do hereby a~test to and certify the
attached Resolution No. 2002-024 to be the original resolution adopted by the City
Council of the City of Santa Ana on April 1, 2002.
Date:
Resolution No. 2002-024
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HLIlTF ZOL
10-0796-01 (A)
07-03-00
LEGAL DESCRIPTION
A. P. NO. 396-312-09
That portion o£ Lot 13, Block B of the A. B. Chapman Tract, in the City of Santa Ann,
County of Orange, State of California, as shown on the map filed in Book 102, Page 15 of
Miscellaneous Maps, in the office of t~ 'County ReCorder of said County, described as
follows:
Begirming at the intersection of the Westerly line of 13onderosa Street as said Westerly
line is shown on Tract No. 1031 as filed in Book 33, Page 43 of said Miscellaneous Maps
and a line being parallel with and 50.00 feet Northerly of the centefline of Seventeenth
Street as said centefline is shown on said Tract No. 1031; thence North 88~25'55" West
122.56 feet along said parallel llne to the most Easterly comer of the property as
described in the Easement Deed recorded September 29, 1969 in Book 9092, Page 94~ of
Official Records, in the office of said County Recorder; thence along the general Easterly
line of said easement the following courses: North 47°$6'03" West 35.10 feet to a point
on a non-tangent curve concave Westerly having a radius of 1550.00 feet, a radial of.said
curve to said point bears North g2~37'$6'' East, and Northerly 8.69 feet along said curve
ti'trough a central angle of 0°19'17"; the. nee leaving aald general Easterly line South
48°05~$' East 19.14 feet to a line being parallel with and 69.00 feet Northerly of said
centefline of Seventeenth Street; thence South 88"28'$$" East II0.58 feet along said
parallel line; thence leaving said parallel llne North 46°31'06'' East 21.15 feet; ~eneo
South 88°2g'$5" East 10.12 feet to said Westerly line of Ponderosa Street; thence South
0053'48" ~,X/est 33.95 feet.along .said Westerly line to the point of beglrmlng.
Containing an area of 0.066 acres, more of less.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
NO. 6343
EXP. 12/3112002
Resolution No. 2002-024
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Resolution No. 2002-024
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HUI-I'T-ZOLLABS
10-0796-01 (A)
07-03-00
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A. P. NO. 396-312-09
That portion of Lot 13, Block B of the A. B. Chapman Tract, in the City of Santa Aha,
County of Orange, State of California, as shown on the map filed in Book 102, Page 15 of
Miscellaneous Maps, in the office of the County Recorder of said County, being a strip of
land, 5.00 feet in width, the Southerly line of said strip being described as follows:
Commencing at the intersection of the Westerly line of Ponderosa Strut as said Westerly
line is shown on Tract No. 1031 as filed in Book 33, Page 43 of said Miscellaneous Maps
and a line being p,~'allel with and 50.00 feet Northerly of the centedine of Seventeenth
Street as said centerline is shown on said Tract No. 1031~ thence North $8~28'55" West
122.56 feet along said parallel line to the most Easterly comer of the property as
described in the Easement Deed recorded September 29, 1969 in Book 9092, Page 948 of
Official Records, in the office of said County Recorder; thence along the general Easterly
line of said casement the following courses: North 47°56'03" Wast 35.10 f~t to a point
on a non4angent curve concave Westerly having a radius of 1550.00 f~et, a radial of said
curve to said point bears North 82°37'56' East, and Northexly 8.69 feet along said curve
through a central angle of 0°19'17" to the TRUE POINT OF BEGINNIlqG; thence
leaving said general Easterly line South 48°05~8" East 19.14 feet to a line bring parallel
with and 69.00 feet Northerly of said centerline of Seventeenth Strut; thence South
88°25'55' East 110.58 feet along said parallel line; thence leaving said p~allel line North
46°31'06" East 21.15 feet; thence South 88~28'55" East 10.12 feet to said Westerly llne of
Ponderosa Street
The Northerly line of said strip of land to be lengthened or shortened so as to originate in
said general Easterly ILne of the easement deed recorded in Book 9092, Page 945 of
Official Records and to terminate in said Westerly line of Ponderosa Street,
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
L. ~3ARVIN, LS 6343
NO. 634~
~,XF. 1213112(~0=
Resolution No. 2002-024
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Resolution No. 2002-024
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