HomeMy WebLinkAbout75C - CONDEMNATION 1300 W WALNUT ST & 202 S BRISTROL ST
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 3, 2006
TITLE:
PUBLIC HEARING-CONDEMNATION
OF WONG/WENG PROPERTIES
LOCATED AT 1300 WEST WALNUT
STREET AND 202 SOUTH BRISTOL
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/ C TY MANAGER
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APPROVED
o As Recommended
o As Amended
o Ordinance on 1" Reading
o Ordinance on 2" Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
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FILE NUMBER
\)RECOMMENDED ACTION
Adopt a resolution
located at 1300 West
the public necessity
authorizing the condemnation of real properties
Walnut Street and 202 South Bristol Street declaring
and interest therefore.
DISCUSSION
Bristol Street improvements from Pine to Third are part of the Bristol
Corridor Specific Plan approved by the City Council in 1991. Street
widening from two to three lanes in each direction, addition of a second
left-turn, a right turn lane, and a bus turn-out in both north and
southbound directions are included. These improvements are needed to
improve traffic flow, which is currently operating at an unacceptable
level of service. Other benefits of the project include the addition of
landscaped medians and parkways, the conversion of overhead utility lines
to underground, and the addition of a storm drain system.
To accommodate the widening, acquisition of a portion of properties
located at 1300 West Walnut Street and 202 South Bristol Street are
needed (Exhibit 1). A 6-month temporary construction easement will also
be obtained in order to facilitate construction of the approved project.
A good faith offer was made to the property owners on August 3, 2005, in
the amount of $832,770. The Public Works Agency has made a diligent
effort to negotiate with the property owners and their representatives
for the past 6-months. Public Works Agency has and will continue to make
every effort to reach a settlement with the property owners. Although
negotiations will continue, staff is requesting adoption of this
resolution of necessity and initiation of condemnation proceedings in
order to maintain the Bristol Street widening project schedule and to
commence construction in summer of 2006.
75C-1
Condemnation of Properties
Located at 1300 West Walnut Street
and 202 South Bristol Street
April 3, 2006
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in previously
prepared Environmental Impact Report/Environmental Impact Assessment No.
89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds for the proposed acquisitions are available in the Select Street
Construction Fund (account no. 59-551-6611, project no. 1819).
APPROVED AS TO FUNDS AND ACCOUNTS:
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James G. Ross
Executive Director
Public Works Agency
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(~rancisco Gutierrez
1) Executive Director
Finance & Mgmt. Services Agency
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75C-2
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EXHIBIT 1
CITY CDUNC I L
AGENDA
DATE:
APRIL 3, 2006
Title' PUBLIC HEARING
CONDEMNATION OF WONGIWENG
LOCATED AT 1300 WEST WALNUT STREET
AND 202 SOUTH BRISTOL STREET
PROJECT 1819
75C-3
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RESOLUTION NO. 2006-
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 1300 WEST WALNUT AND 202 S. BRISTOL
STREET (APN 007-212-28 & 29)
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 3, 2006,
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.
75C-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") S 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 S 711.2 and Title XIV, CCR S 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 1300 WEST WALNUT and 202
S. BRISTOL STREET (APN 007-212-28 & 29) in the City of Santa Ana, California
consisting of approximately 4,147 square foot of property to be acquired in fee
title (for right of way purposes), together with approximately 890 square feet of
property for a six (6) month temporary construction easement (collectively
referred to as "the Restaurant Property"). The Restaurant 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 described in Section 3 above 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 described in
Section 3 above 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 S 41-781; California Code of Civil Procedure
75C-5
section 1240.010, 1240.110, California Governrnent Code sections 37350.5 and
40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5,
5102, and other applicable law.
Section 6. The offer required by Government Code section 7267.2 were
made to the appropriate party or parties with respect to the Restaurant Property
on or about August 3, 2005.
Section 7. Excepting the portion of the Property described in Section 3
above 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
described in Section 3 above.
Section 8. That if any of the Property described in Section 3 above 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 described in Section 3 above 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 described in Section 3 above. 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
,2006.
Miguel A. Pulido
Mayor
75C-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. 2006- 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
75C-7
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FEE PARCEL
LEGAL DESCRIPTION
A.P. NO. 007-212-28 & 29
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T!1ose portions of Lot 1 of Tract No. 999 in the City of Santa, Ana, County of
Orange, State of California, as shown' on the map recorded in Book '33, Page 10
of MiscelfaneQus Maps, in the office of the County Recorder of said County
described as follows:
Th.e Fa$t. 45.00 fee~ of the North 14~.00 ~e~t.of sa(d ,LoL1, m~asYfe9 a1l:JDg the
East and Wef?t lines of said Lot 1. '
The South 6.50 feet of the North' 12.00 feet of the East 99.00 feet, except the'
East 45..00 feet of said Lot 1.
Together with the follOWing described portion of said Lot 1:
Beginning ata point on a line parallel with and distant 42.00 feet southerly from
the centerline of Walnut street as shown on said map,said poirJt being distant
South 89034'24" West 10.00 feet from the westerly line of the ~ast 45.00 feet of
said lot 1; thence North 89034'24" East along saidparalfelline to said westerly'
fine; thence South 001,1'00" East 10.00 feet along said westerly line; thence North
45018'18" West 14.11 feetto the point of beginning. .
, Except those portions previously dediqa.ted for street purposes.
Contaif]ing an area of 4,147 square feet, more or le:?s.
All as shown on exhibit attached hereto and made a part hereof.
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EXHIBIT EXIDBIT A-page 2 of 4
TEMPORARY CONSTRUCTION EASEMENT PARCEL
LEGAL DESCRIPTION
AP. NO. 007-212-28 & 29
That portion of Lot 1 of Tract No. 999 in the City of Santa Ana, County of Orange,
State of California, as shown on the map recorded in Book 33, Page 10 of
Miscellaneous Maps, in the office of the County Recorder of said County, being a
strip of land, 5.00 feet in width, the Easterly, Northeasterly and Northerly line of
said strip being'described as follows:
Beginning the intersection of the Southerly Line of the North 145.00 feet
measured along the East and West lines of said Lot 1, and the Westerly line of
the East 45.00 feet of said Lot 1; thence North 00011'00" West along said'
Westerly line a distance of 123.00 feet; thence North 45018'18" West 14.11 feet
to the Southerly line of the North 12.00 feet of said Lot 1; thence South 89034'24"
West along second said Southerly line a distance of 44.00 feet to the Westerly
line of the East 99.00 feet of said Lot 1. "
The Westerly and Southerly line of said strip of land to be lengthened or
shortened so as to originate in said Southerly line of the North 145.00 feet
measured along the East and West lines of said Lot 1 and to terminate in said
Westerly Line of the East 99.00 feet of said Lot 1. '
Containing an area of 890 square feet, more or less.
All as shownon exhibit attached hereto and made a part hereof.
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75C-10
EXHIBIT A-page 3 of 4
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75C-12