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Home My WebLink About75B - CONDEMN 124 S. BRISTOL ST. ( REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: PUBLIC HEARING-CONDEMNATION OF SPIEGEL PROPERTY LOCATED AT 124 SOUTH BRISTOL STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I \j~ tv. ~fJ- CITY MANAGE CONTINUED TO FILE NUMBER ,///.- J RECOMMENDED ACTION Adopt a resolution authorizing the condemnation of the real property located at 124 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION As part of Bristol Street widening project from Pine to Third Streets, it is necessary to acquire the Spiegel Family Limited Partnership II (Spiegel) property located at 124 S. Bristol Street (Exhibit 1). On June 20, 2005, City Council authorized the City Manager and the Clerk of the Council to execute an agreement with Spiegel to purchase the subject property for $1,010,000. Further search of the title revealed a non-recorded lease with a third party which prevents the closing of escrow. To meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed proj ect has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 758-1 Condemnation of Property Located at 124 South Bristol Street August 15, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisition are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819) APPROVED AS TO FUNDS AND ACCOUNTS: LO .~ 1; ~ U/f1.1/1I1JJA ,(, /f\James G. Ross Executive Director Public Works Agency .~~~~ ~~ A" ~~: 0 ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agencytr -I 758-2 ~ N.TA J l First St. 124 S. Bnstol Walnut St. . +- V) o +- (/) .- L OJ SUBJECT PROPERTY EXHIBIT 1 SANTA ANA 'PWA t , , IlIIC _-. City Coud Agenda Date AUGUST 15, 2005 Title: PUBLIC HEARING-CONDEMNATION OF SPIEGEL PROPERTY LOCATED AT 124 SOUTH BRISTOL STREET (PROJECT 181<3) 758-3 RESOLUTION NO. 2005-078 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 (LOCATED AT 124 SOUTH BRISTOL STREET) 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 August 15, 2005, 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; 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; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 758-4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report / Environmental Impact Statement EIR NO.89-01. 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. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(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 9 711.2 and Title XIV, CCR 9 735.5(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 124 South Bristol Street in the City of Santa Ana, California consisting of approximately 13,395 square feet of property to be acquired in fee title (for right of way purposes) (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 "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 Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine Street and Third Street for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median 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 9 41-781; California Code of Civil Procedure section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943,5100,5101,5101.5,5102, and other applicable law. 758-5 Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties on or about July 8, 2004. 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. 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 day of ,2005. Miguel A. Pulido Mayor 758-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-078 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-7 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE SOUTH 45 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO. 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 2: THE NORTH 45 FEET OF THE SOUTH 90 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO, 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 3: THE NORTH 45 FEET OF THE SOUTH 135 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO, 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 4: THAT PORTION OF LOT I IN BLOCK A OF TRACT NO. 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 420 F MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF WALNUT STREET 90 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF BRISTOL STREET WITH THE NORTH LINE OF WALNUT STREET; THENCE NORTH PARALLEL TO THE WEST LINE OF BRISTOL STREET 135 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF WALNUT STREET 40 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF BRISTOL STREET 135 FEET; THENCE EAST ON THE NORTH LINE OF WALNUT STREET 40 FEET TO THE POINT OF BEGINNING. 758-8 ..-- ~ I " <:, <> -l.LL.~ l.. ~~- 9 ~ ~ L-l ~ L ~- ~ J.33Y1S T --- t 701SIYFJ t.., ::: ~ t !l -..... .p" ''I>. 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