HomeMy WebLinkAbout75B - PH - CONDEMNATION 1501 N BRISTOLREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 20, 2016
TITLE:
PUBLIC HEARING — RESOLUTION
AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1601 NORTH
BRISTOL STREET (PROJECT NO. 116740
NONGENERAL FUND)
(STRATEGIC PLAN NO, 6,1,G; 3,2,C)
f '._, [ ,-
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
" 06 R,
0 As Recommended
0 As Amended
0 Ordinance on 1" Reading
0 Ordinance on 2n° Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the condemnation of the entire real property located at 1501 North
Bristol Street (APN 405- 252 -20) declaring the public necessity and interest therefore.
On March 6, 2006, the City Council approved the cooperative agreement between the City and
the Orange County Transportation Authority to fund Bristol Street improvements from Warner
Avenue to Seventeenth Strut. The northern segment of the third phase of the project, between
Washington Avenue and Seventeenth Street, is in the final design phase and construction is
expected to start in early 2015. Improvements include widening Bristol Street from two to three
lanes in each direction, new landscaped medians and parkways, and bike lanes. These
Improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater
mobility. The project will also improve drainage through the installation of new storm drain
improvements.
To accommodate these improvements, acquisition of a portion of the parcel at 1501 North Bristol
Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate
with the property owners and their representatives for the past 14 months. A good faith offer was
made on August 20, 2014, in the amount of $1,132,000 (Exhibit 2). The Public Works Agency
has made, and will continue to make every effort to reach a settlement with the property owner.
However, to maintain the Bristol Street Improvements project schedule and meet the funding
requirement to commence construction in early 2015, staff is requesting adoption of a Resolution
of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue.
75B -1
Public Hearing & Resolution Authorizing Condemnation
of Real Property for 1501 N. Bristol Street
January 20, 2015
Page 2 of 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
Approval of this item also supports the City's efforts to meet Goal #3 Economic Development,
Objective #2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies), Strategy C (support
business development and job growth along transit corridors through the completion of critical
transit plans /projects).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Final Environmental Impact
Statement / Environmental Impact Report (EIS No. 89 -01) approved in 1990 and in Addendum to
FEIS /EIR adopted by council on June 3, 2014.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (Account 05917661 - 66220)
and Measure M2 Street Construction Fund (Account 03217662 - 66220).
Public Works Agency
FM /EWG /KN
Exhibits: 1. Location Map
2. Offer Letter
3. Resolution of Necessity
APPROVED AS'I O FUNDS AND ACCOUNTS
4��` Sad a_s_
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
75B -2
(NTS)
18TH STREET
17TH STREET
LEGEND
405- 252 -21
MATCHLINE
SEE TOP RIGHT
- SUBJECT PROPERTY
- ACQUIRED PROPERTIES
MATCHLINE
SEE BOTTOM LEFT
WASHINGTON AVENUE
I I
EXHIBIT 1
SANTA ANA TITLE:
■ fin' /� ■
Cn-Y COUNCIL PUBLIC HEARING - RESOLUTION
VV H AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL
IL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET
PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND)
75B -3
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405- 252 -22
LEGEND
405- 252 -21
MATCHLINE
SEE TOP RIGHT
- SUBJECT PROPERTY
- ACQUIRED PROPERTIES
MATCHLINE
SEE BOTTOM LEFT
WASHINGTON AVENUE
I I
EXHIBIT 1
SANTA ANA TITLE:
■ fin' /� ■
Cn-Y COUNCIL PUBLIC HEARING - RESOLUTION
VV H AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL
IL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET
PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND)
75B -3
75B -4
City of Santa Ana
RECEIPT OF OFFER PACKAGE
Bristol Street Widening -Washington Avenue to Seventeenth Street
Parcel File No. 405 - 252 -20
Owner(s) of Record: MC DONALD'S CORPORATION, DBA DELAWARE MCDONALD'S
CORPORATION SUCCESSOR IN INTEREST BY MERGER TO
FRANCHISE REALTY INTERSTATE CORPORATION, AN
ILLINOIS CORPORATION, AS TO PARCELS C AND D and
MCDONALD'S CORPORATION, A DELAWARE CORPORATION,
AS TO PARCELS A AND B
Additional Owner (s) of Record:
Property Address: 1501 N. Bristol Street
Santa Ana, CA
This is to acknowledge receipt of the offer package containing the following items:
Updated Offer letter dated June 18, 2014 which includes:
• Property Legal Description (Attachment 1)
• Statement of Just Compensation (Attachment 2)
• Summary Explanation Statement (Attachment 3)
City of Santa Ana Handbook on Acquisition
McDonald's Corporation
Exhibit 2
75B -5
Date
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Sal Tinaiero
COUNCILMEMBERS
Angelica Amezcua
P. David Benavides
Michele Martinez
Roman Reyna
Vincent F. Sarmiento
June 18, 2014
McDonald's Corporation
1501 N. Bristol Street
Santa Ana, CA 92706
CITY OF SANTA ANA
20 Civic Center Plaza • P.O. Box 1988 M -21
Santa Ana, California 92702
w .santa- ana.ora
CITY MANAGER
David Cavazos
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria D. Huizar
Via Certified Mail
SUBJECT: UPDATED OFFER TO ACQUIRE A PORTION OF THE PROPERTY
LOCATED AT: 1501 N. BRISTOL STREET, SANTA ANA, CA
APN: 405 - 252 -20
Dear Property Owner:
The City of Santa Ana ( "City ") is proceeding with its plans to construct Phase IIIB of the
Bristol Street Widening Project between Washington Avenue and Seventeenth Street. The
City obtained a preliminary title report that lists McDonald's Corporation, DBA Delaware
McDonald's Corporation successor in interest by merger to franchise realty interstate
corporation, an Illinois Corporation, as to parcels C and D & McDonald's corporation, a
Delaware Corporation, as to parcels A and B, to be the vested owners of the above -
mentioned property. The City seeks to acquire a portion of the property located at the
above - mentioned address, which consists of the underlying real property of 4,550 square
feet and the improvements thereon, as described in Attachment 1. The area to be acquired
is referred to herein as the "Property ".
Based on McDonald's Corporation's desire to reconfigure and re -build on the remainder of
their site, the City rescinds and replaces the City's Offer to acquire the entire property dated
October 1, 2013 and makes an offer for a partial take instead which contemplates the
relocation of McDonald's onsite. THIS OFFER IS CONTINGENT ON THE PARTIES
REACHING AGREEMENT AS TO THE VALUE OF THE PARTIAL TAKE AND
CONCURRENT AGREEMENT TO RECONFIGURE AND REBUILD ON SITE. Due to
project schedule constraints, the City needs an answer to this concept within 30 days. If
McDonalds is agreeable to this concept, the parties will need to meet immediately to finalize
the timeline required to reach a final resolution. The City needs to begin construction by
March 2015 and therefore time is of the essence in terms of reaching a final agreement. If
the City and McDonald's cannot come to an agreement regarding the partial take
acquisition, the City reserves the right to acquire the entire site for construction of the street
improvement project and a new offer will be made consistent with a full take.
75B -6
Page 2
No final determination has been made as to the ownership of the Property. This offer is
contingent upon presentation of conclusive evidence of title. If more than one person has an
interest in the Property that the City is seeking to acquire, all parties with such interest must
accept this offer.
As you know, the City had your Property appraised to determine its fair market value. The
appraisal was conducted in accordance with commonly accepted appraisal standards and
included consideration of the highest and best use of the land. Based on the appraisal, the
City offers to purchase the portion of your Property for $1,132,000. The basis for this offer is
explained more thoroughly in the attachments to this letter that are made a part of this offer
by reference.
This offer is conditional upon the City Council ratifying this offer by a formal action taken at a
regular public meeting authorizing the execution of a Purchase and Sale Agreement. If you
are not satisfied with the City's offer, you are encouraged to present to us any material you
believe to be relevant to the value of the Property, which material will be carefully
considered by the City. If, in the City's opinion, the additional information warrants a change
in the offer, the City's offer will be adjusted accordingly.
The Purchase Price is the full amount established by the appraisal as the fair market value of the
Property and the just compensation for such acquisition. A written statement and a summary of
the basis for the amount established as the Purchase Price is set forth in the attached Statement
of Just Compensation, identified as Attachment 2.
The California Relocation Assistance and Real Property Acquisition Guidelines provide that each
Owner from whom the City purchases real property or an interest therein, or each tenant owning
improvements on said Property, be provided with information relating to the acquisition
procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided
in Attachment 3.
Please let us know prior to July 19, 2014 if the City's offer is acceptable. A written agreement
concerning the acquisition of the Property will be provided to you for your review and approval.
If for any reason you should see fit not to accept the City's offer, please be advised that this letter,
the offer made herein, the enclosed summary statements, and all matters stated herein are made
under the provisions of California Evidence Code § §1152 and 1154 and shall not be admissible in
evidence in any eminent domain proceeding which may subsequently be instituted for acquisition
of the Property, or in any other action. If you need additional information, please call me at (714)
647 -5664.
Sincerely,
Jason Gabriel
Principal Engineer
75B -7
ATTACHMENT
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 A:
LOT 9 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B:
LOTS 11 AND 13 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 5 SOUTH, RANGE 10, WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF
JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF BRISTOL STREET DISTANT THEREON 660
FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12, THENCE EASTERLY
PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60 FEET; THENCE
SOUTHERLY PARALLEL WITH SAID CENTER LINE OF BRISTOL STREET, 50 FEET; THENCE
WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60
FEET TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY ALONG SAID CENTER
LINE, 50 FEET TO THE POINT OF BEGINNING.
PARCEL D:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF
JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF BRISTOL STREET, DISTANT THEREON
710.00 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12; THENCE
EASTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION; THENCE
SOUTHERLY 125.02 FEET PARALLEL WITH THE SAID CENTER LINE OF BRISTOL STREET;
THENCE WESTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION TO THE
CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY 125.02 FEET ALONG SAID CENTER
LINE OF BRISTOL STREET TO THE POINT OF BEGINNING.
20
75B -8
ATTACHMENT
75B -9
405- 252 -20
Assessor's Parcel:
Property Owner:
McDonald's Corporation, a Delaware Corporation
Property Address:
1501 North Bristol Street
Santa Ana, California
Location of Parent Property:
East side of Bristol Street, beginning 460± south of 17th Street, within
the City of Santa Ana
Description of Parent Property:
The property is presently improved with a fast food restaurant of
wood frame and stucco construction. The building contains 2,510
square feet, has additional basement storage area, and was
originally constructed in 1988±. Other appurtenant on -site
improvements located within the boundaries of the subject parcel
include a trash enclosure, asphalt paving, concrete paving, concrete
curbing, concrete block walls, wrought iron fencing, business
signage, metal bollards (auto stops), concrete auto stops, marked
automobile parking spaces, and irrigated landscaping. The
development is situated on a parcel containing 40,501 square feet of
land area.
Zoning:
C -5 (arterial commercial)
Topography:
Effectively level topography
Utilities:
In place at site
Highest and Best Use:
Highest and best use is defined as the reasonably probable and legal
use of land, which is legally permissible, physically possible, and
financially feasible that results in the highest value. Highest and
best use analysis is used in the appraisal process to identify
comparable properties and, where applicable, to determine whether
the existing improvements should be retained, renovated, or
demolished. The results of the highest and best use analysis are:
As if Vacant: Commercial use
As improved: Existing use
Date of Value:
January 8, 2014
Public Use for Property:
Bristol Street Widening Improvement Project
Estate to be Acquired:
Permanent (perpetual) roadway easement
Legal Description:
The legal description of the acquisition area was prepared by Bickel
Underwood, Architects.
Area to be Acquired:
Permanent roadway area: 4,550 square feet
Total Just Compensation:
$1,132,000
75B -9
SUMMARY OF THE BASIS FOR JUST COMPENSATION
The purpose of the appraisal study is to express an estimate of total just compensation
applicable to the proposed partial acquisition of the subject parent property. Just compensation
is based on a quantitative measure of market value. Market value is defined in The California
Code of Civil Procedure, § 1263.320, as:
"(A) The fair market value of the property taken is the highest price on the date of
valuation that would be agreed to by a seller, being willing to sell but under no
particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being
ready, willing, and able to buy but under no particular necessity for so doing, each
dealing with the other with full knowledge of all the uses and purposes for which the
property is reasonably adaptable and available.
(B) The fair market value of property taken, for which there is no relevant market is its
value on the date of valuation as determined by any method of valuation that is just
and equitable."
Additionally, Section 1263.330 provides that the fair market value shall not include an increase or
decrease in value attributable to the project for which the property is to be acquired. Accordingly,
the subject property has been appraised absent any influence of the proposed freeway interchange
improvement project.
There are three conventional methods (approaches) which can be utilized to estimate value.
They are the Sales Comparison Approach, Cost - Summation Approach, and Income
Capitalization Approach. The Sales Comparison Approach has been employed herein to
estimate the value of the subject underlying land parcel which will be utilized in the valuation
of the proposed take area as well as in the "after" condition analysis. The Sales Comparison
Approach and Income Capitalization Approach have been applied to the subject parent
property for the purpose of estimating the unencumbered fee simple market value as presently
improved with the fast -food restaurant facility. Certain elements of the Cost - Summation
Approach have been employed herein for the purpose of estimating the contributory value of
existing improvements impacted by the partial acquisition.
Value of Parent Property before Taldng:
Sales Comparison Approach:
The Sales Comparison Approach takes into account properties which have sold in the open
market. This approach, whether applied to vacant or improved property, is based on the Principle
of Substitution which states, "The maximum value of a property tends to be set by the cost of
acquiring an equally desirable substitute property, assuming no costly delay is encountered in
making the substitution. " Thus, the Sales Comparison Approach attempts to equate the subject
property with sale properties by analyzing and weighing the various elements of comparability.
75B -10
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
The Sales Comparison Approach was utilized to estimate the value of the subject land parcel after
an investigation and analysis was conducted of recent sales involving reasonably comparable land
parcels within the greater subject market area.
Land Value:
Following is a summary of the sales considered helpful when estimating the value of the subject
land, as if vacant and available for a highest and best use development.
Street
Data Date Zonin Land Size Alley Corner Frontage Sale Price Per SF
A. 2 -13 CR 34,412 sf no yes 240 feet $ 975,000. $28.33
SWC Katella Ave. and Batavia St., Orange
B. 3 -13 C -2 25,210 sf no yes 330 feet $1,000,000. $39.67
SEC First St. and Newhope St., Santa Ana
C. 6 -13 C -2 27,443 sf no yes 315 feet $1,099,000. $40.05
NEC Garden Grove Blvd. and Adelle St., Garden Grove
D. 7 -13 C -1 36,296 sf no yes 230 feet $1,900,000. $52.35
SWC Westminster Ave. and Hope St., Garden Grove
E. n o- nn 2 -2 Jc 7,i i vn Sr i no Flo 27J et $2, 00 00,n 13 0n. $40.99
S/S Ball Rd., 132±' E/O West Pl., Anaheim
F. U -13 C -1 14,866 sf no yes 225 feet $ 700,000. $47.09
NWC Euclid St. and Fourth St., Santa Ana
The properties surveyed are located within the general subject vicinity, and represent the most
recent comparable land sales available for analysis. The properties range in size from 14,866
to 57,160 square feet of land area. The overall purchase prices range from $700,000 to
$2,800,000, reflecting a relatively wide range of value between $28.33 and $52.35 per square
foot of land area; the predominant range is between $39.67 and $48.99.
Certain of the land sales data considered extended over a time period back to the first quarter of
2013. The time frame permitted the development of a rather comprehensive real estate market
profile. The sales employed in this report are set forth in chronological order, and took place
between February 2009 and November, 2013. Differing market conditions were considered in the
analysis of the individual sale properties.
75B -11
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
Land Value: (Continued)
After viewing all of the sale properties, and obtaining certain information pertinent to land value,
the appraiser analyzed the various elements of comparability for each sale property (as compared
to the subject property) which, among others, include the following:
General location
Immediate environmental influences
Accessibility
Public utilities and sanitary sewer
Zoning, entitlements, if any
Size, shape, and plottage
Topographical characteristics
Site prominence /exposure
A Relative Comparison Analysis (RCA) has been conducted between the individual
comparable properties and the subject property. The RCA is a qualitative technique for
analyzing comparable sales, and is a valuable tool employed to illustrate whether the
characteristics of a comparable property are inferior, superior, or similar to those of the
property under appraisement.
The Relative Comparison Analysis is similar to paired data analysis. This technique
acknowledges the imperfect nature of the subject real estate market. The primary objective is
to bracket the subject property between the comparable sales with respect to the similarity,
superiority, and inferiority thereof. Superior elements of comparability of an individual sale
property would reflect a downward adjustment to the value indication thereof. Conversely,
inferior elements suggest an upward adjustment.
Additionally, it is important to note that the above elements of comparability were not assigned
equal weight in malting the analysis of each property. The general location, immediate
environmental influences, development density, vehicular accessibility, site conditions, site
prominence /exposure, and land plottage were considered the most important factors in the
subject case.
All of the sale transactions employed herein were considered helpful in the land valuation
analysis of the subject property. The purchase price per square foot of land area has been
utilized herein as the primary indication of value inasmuch as it is most commonly utilized by
market participants. The properties have been compared to the subject property with respect to
the various elements of comparability.
Following is a summary relating the overall comparability of the individual sale properties
employed in the subject land value analysis.
Continued .. .
75B -12
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
Land Value: (Continued)
After considering the various elements of comparability, as well as economic and financial
conditions prevailing during the consummation of the various sale properties, when compared
to current market conditions, it is the appraiser's opinion that the unencumbered fee simple
market value of the subject site, as if vacant and available for a highest and best use
development, is estimated at $45.00 per square foot of land area, as follows:
40,501 SF @ $45.00 = $1,822,545
Value cis Improved:
Following is a summary of those sales considered helpful when estimating the value of the
subject property as presently improved with the fast food restaurant facility.
Land Size Corner Zoning Land/Bldg. $ /SF Land
Data Date Blde. Size Built Drive- throueh Ratio Sale Price /SF Bldg.
1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17
2,400 sf 1979 yes $802.08
4501 Jamboree Road, Newport Beach
2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38
3,465 sf 1998 yes $748.92
2100 East 17`x' Street, Santa Ana
3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $11.0.14
3,600 sf 1965 yes $752.78
222 North Euclid Street, Fullerton
75B -13
Overall
Data
Comparability
Per SF
A
inferior
$28.33
B
inferior
$39.67
C
similar
$40.05
Subject
- - - -
$45.00
F
similar
$47.09
E
similar
$48.99
D
superior
$52.35
After considering the various elements of comparability, as well as economic and financial
conditions prevailing during the consummation of the various sale properties, when compared
to current market conditions, it is the appraiser's opinion that the unencumbered fee simple
market value of the subject site, as if vacant and available for a highest and best use
development, is estimated at $45.00 per square foot of land area, as follows:
40,501 SF @ $45.00 = $1,822,545
Value cis Improved:
Following is a summary of those sales considered helpful when estimating the value of the
subject property as presently improved with the fast food restaurant facility.
Land Size Corner Zoning Land/Bldg. $ /SF Land
Data Date Blde. Size Built Drive- throueh Ratio Sale Price /SF Bldg.
1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17
2,400 sf 1979 yes $802.08
4501 Jamboree Road, Newport Beach
2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38
3,465 sf 1998 yes $748.92
2100 East 17`x' Street, Santa Ana
3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $11.0.14
3,600 sf 1965 yes $752.78
222 North Euclid Street, Fullerton
75B -13
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
Value as Improved: (Continued)
The improved properties surveyed contain fast food restaurant buildings ranging in size from
2,400 to 4,006 square feet. The buildings were constructed between 1963 and 2008, and are
situated on parcels ranging in size from 24,416 to 33,106 square feet of land area. The sale
properties employed herein represent the most recent comparable improved sale properties
available for analysis.
The overall purchase price has been utilized as the primary unit of analysis in the Sales
Comparison Approach. Secondary consideration has been assigned to the price per square foot
of land area and purchase price per square foot of building area. The overall purchase prices
range between $1,900,000 and $3,194,500, reflecting $64.17 to $110.14 per square foot of land
area and $622.95 to $830.60 per square foot of building area.
As in the case of the previous land value analysis, differing market conditions were considered
in the analysis of the improved fast food restaurant properties. Certain of the improved sales
data considered extended over a time period back to the last quarter of 2012. The time frame
permitted the development of a rather comprehensive real estate market profile. The sales
employed in this report are set forth in chronological order, and took place between November,
2012 and October, 2013. Inasmuch as the sales took place during stable market conditions,
adjustments for same are not warranted.
After viewing each of the sale properties, and obtaining certain information pertinent to value,
the appraiser analyzed the various elements of comparability for each sale property which,
among others, include the following:
75B -14
Land Size Corner
Zoning
Land /Bldg.
$ /SF Land
Data
Date Bldg. Size Built Drive - through
Ratio
Sale Price
$ /SF Bldg.
4.
3 -13 24,416 sf yes
PR
8.01:1
$1,900,000.
$ 77.82
3,050 sf 1963
yes
$622.95
171 Fast 1s` Street, Tustin
5.
8 -13 29,708 sf no
CT
7.72:1
$3,194,500.
$107.53
3,846 sf 2000±
yes
$830.60
26801 Aliso Creek Road, Aliso Viejo
6.
10 -13 32,485 sf no
C -2
8.11:1
$2,510,000.
$ 77.27
4,006 sf 2008
yes
$626.56
2511 South Bristol Street, Santa Ana
The improved properties surveyed contain fast food restaurant buildings ranging in size from
2,400 to 4,006 square feet. The buildings were constructed between 1963 and 2008, and are
situated on parcels ranging in size from 24,416 to 33,106 square feet of land area. The sale
properties employed herein represent the most recent comparable improved sale properties
available for analysis.
The overall purchase price has been utilized as the primary unit of analysis in the Sales
Comparison Approach. Secondary consideration has been assigned to the price per square foot
of land area and purchase price per square foot of building area. The overall purchase prices
range between $1,900,000 and $3,194,500, reflecting $64.17 to $110.14 per square foot of land
area and $622.95 to $830.60 per square foot of building area.
As in the case of the previous land value analysis, differing market conditions were considered
in the analysis of the improved fast food restaurant properties. Certain of the improved sales
data considered extended over a time period back to the last quarter of 2012. The time frame
permitted the development of a rather comprehensive real estate market profile. The sales
employed in this report are set forth in chronological order, and took place between November,
2012 and October, 2013. Inasmuch as the sales took place during stable market conditions,
adjustments for same are not warranted.
After viewing each of the sale properties, and obtaining certain information pertinent to value,
the appraiser analyzed the various elements of comparability for each sale property which,
among others, include the following:
75B -14
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
Value as Improved: (Continued)
General location
Immediate environmental influences
Zoning
Vehicular and pedestrian access
Vehicular and pedestrian traffic
Building size /features
Building age and condition
Construction type and quality
Availability of public alley
Overall developability
Site frontage /depth ratio
Site prominence and exposure
Proximity to freeway
Building remodeling, if any
On -site parking capacity
Extent of other on -site improvements
As discussed in the previous land value analysis, a Relative Comparison Analysis (RCA) has
been conducted between the individual comparable improved properties and the subject
property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable
tool employed to illustrate whether the characteristics of a comparable property are inferior,
superior, or similar to those of the property under appraisement.
As stated, it is important to note that the above elements of comparability were not assigned
equal weight in malting the analysis of each property. The general location, immediate
environmental influences, land size, building size and features, building age /condition, as well
as site prominence /exposure were considered the most important factors in the subject case.
Overall marketability of each sale property was also considered. Marketability is the practical
aspect of selling a property in view of all the elements constituting value, and certain economic
and financing conditions prevailing as of the date of sale. The sale properties employed herein
are considered having generally similar marketability as the subject property.
Another important factor considered in analyzing the overall purchase price per square foot of
building area is that of the land /building area ratio. The sale properties have ratios ranging
between 6.84:1 and 12.50:1. The subiect nronerty has a ratio of 16.14:1.
All of the sale properties employed herein were considered helpfid in the valuation analysis of
the subject property. Following is a summary relating the overall comparability of the
individual sale properties to the subject site:
Continued .. .
75B -15
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Sales Comparison Approach: (Continued)
Value as Improved: (Continued)
After considering the various elements of comparability, as well as economic and financial
conditions prevailing during the consummation of the various sale properties, as compared to
current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot
of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square
foot of building area exceeds the value range indicated by the sale properties due primarily to
the higher land/building area ratio of the subject facility. It may be of interest to note that the
unit rate per square foot of land area is supported by the comparable sale properties.
Income Capitalization Approach:
The Income Capitalization Approach is based on the capitalization of net income generated, or
capable of being generated, by the subject property. The net operating income is the product of
the estimated gross rental income, less allowances for long term vacancy /credit loss and
various expense charges. The income /expense pro forma set forth herein is intended to reflect
a typical stabilized holding period.
Following is the income and expense schedule considered applicable to the subject property.
Monthly rental income:
2,510 SF @ $4.65 = $11,672
Total gross annual income:
$11,672 x 12 = $140,064
Vacancy and credit loss (1.5 %): - 2,101
Effective gross annual income: (carried forward) $137,963
Continued .. .
75B -16
Overall
Data
Comparability
Sale Price
4
inferior
$1,900,000
1
inferior
$1,925,000
6
inferior
$2,510,000
2
similar
$2,595,000
Subject
- - - -
$2,700,000
3
similar
$2,710,000
5
superior
$3,194,500
After considering the various elements of comparability, as well as economic and financial
conditions prevailing during the consummation of the various sale properties, as compared to
current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot
of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square
foot of building area exceeds the value range indicated by the sale properties due primarily to
the higher land/building area ratio of the subject facility. It may be of interest to note that the
unit rate per square foot of land area is supported by the comparable sale properties.
Income Capitalization Approach:
The Income Capitalization Approach is based on the capitalization of net income generated, or
capable of being generated, by the subject property. The net operating income is the product of
the estimated gross rental income, less allowances for long term vacancy /credit loss and
various expense charges. The income /expense pro forma set forth herein is intended to reflect
a typical stabilized holding period.
Following is the income and expense schedule considered applicable to the subject property.
Monthly rental income:
2,510 SF @ $4.65 = $11,672
Total gross annual income:
$11,672 x 12 = $140,064
Vacancy and credit loss (1.5 %): - 2,101
Effective gross annual income: (carried forward) $137,963
Continued .. .
75B -16
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Income Capitalization Approach: (Continued)
Effective gross annual income:
(brought forward)
Annual expenses:
$ /SF
%EGI
Real estate taxes (by tenant):
$0.00
0.0%
$ 00.
Insurance (by tenant):
0.00
0.0%
00.
Management (3 %):
1.65
3.0%
4,140.
Legal and accounting:
0.24
0.4%
Maintenance /repairs:
0_40
0.7%
1,000.
$2.29
4.1%
Total annual expenses:
Net operating income:
Capitalization of net income:
$132,223 capitalized at 4.75% _
Reconciliation:
Value indicated by Sales Comparison Approach:
Value indicated by Cost - Summation Approach:
Value indicated by Income Capitalization Approach:
Final Estimate of Market Value (Before Condition):
$137,963
600
- 5,740
$132,223
$2,783,642
Adjusted: $2,785,000
$2,700,000
Not applicable
$2,785,000
Based on the foregoing, the market value of the unencumbered fee simple interest in the subject
property, in as -is condition, exclusive of non - realty fixture /equipment items, is estimated at
$2,750,000.
Value of Part Taken as Part of Whole, Before Taking:
The subject parent property is presently improved with a fast food restaurant facility containing
2,510 gross square feet of building area, originally constructed in 1988±. Other appurtenant
on -site improvements located within the boundaries of the subject parent property include a
trash enclosure, asphalt paving, concrete paving, concrete block walls, wrought iron fencing,
concrete curbing, business signage, parking lot signage, metal frame light standards, metal
bollards (auto stops), concrete auto stops, marked automobile parking spaces, in- ground
irrigation system, and ornamental landscaping.
75B -17
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Part Taken as Part of Whole, Before Taking: (Continued)
In smmnary, the purpose of the public project is for the widening of Bristol Street to its
ultimate right- of-way width. The project, as it relates specifically to the larger parent property,
entails the acquisition of a permanent roadway easement containing 4,550 square feet of land
area.
Existing improvements impacted by the project include a portion of the main building, concrete
paving, asphalt paving, concrete curbing, various business and parking signage, marked
parking spaces, irrigated landscaping, etc. A compensation allowance has been included herein
for all improvements impacted by the partial acquisition.
As previously stated, the Sales Comparison Approach has been employed herein to estimate the
underlying land value of the larger parent property. The acquisition area has been considered
and analyzed as part of the larger parent ownership. The fee simple land value applicable to
the parent property was estimated at $45.00 per square foot of land area.
Compensation for on -site improvements is based on the replacement cost new, less accrued
depreciation. The unit rates applicable to the improvements are based on development projects
wherein actual rates for a like improvement were available for review. A national cost service
providing building costs for a wide variety of construction classes and materials has also be
consulted as a secondary check.
The overall unit rates applicable to the improvements include labor and material costs, as well
as indirect costs such as management and supervision. It should be noted that the value of
landscaping is based on its contributory value to the larger parent property.
The value of the part acquired, considered as part of the whole parent ownership, before
acquisition is estimated as follows:
Continued .. .
75B -18
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Parent Property, Before Taking: (Continued)
Land:
Roadway area:
4,550 SF @ $45.00' _
Improvements within roadway area:
Portion of main building:
588 SF @ $ 175.002
x 83%' =
Concrete paving:
288 SF @ $ 8.952
x 83p3 =
Asphalt paving:
1,870 SF @ $ 6.752
x 83 %5 =
Concrete curbing:
810LF @ $ 18.502
x 83 %3 =
Parking sign:
3 qty. @ $ 1,150.002
x 83 %3 =
Metal frame light standards:
2 qty. @ $ 2,250.002
x 83 %3 =
Monument sign:
1 qty. @ $18,500.002
x 83 %3 =
Parking spaces:
14 qty. @ $ 15.002
x 83p3 =
Flag pole:
1 qty. @ $ 1,650.002
x 83 %3 =
Irrigation system:
4,750 SF @ $ 1.152
x 83 %3 —
Landscaped area:
4,750 SF @ $ 6.50"
_
Subtotal, improvements:
Total value of part taken (land, improvements):
$85,407
2,139
10,477
12,438
2,864
3,735
15,355
174
1,370
4,534
30.875
$204,750
169,368
$374,118
Unencumbered fee simple value of the subject underlying land parcel
2 Replacement cost new, inclusive of direct costs, indirect costs and entrepreneurial profit
3 Accrued depreciation based on an effective age of 5 years, and remaining life of 30 years, or (5/30) 17 %,
reciprocal employed above
° Estimated value of landscape improvements based on their contributory benefit to the existing parent
development
75B -19
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Value of Remainder, Before Taking:
The value of the remaining portion of the subject parent property, after acquisition, before
consideration of severance damages and project benefits, is estimated as follows:
Value of parent property, before taking: $2,750,000
Less value of part taken (land, improvements): - 374,118
Value of remainder, after acquisition,
before consideration of damages and benefits: $2,375,882
Value of Remainder, After Taking:
In the "after" condition, the underlying land parcel will contain 35,951 square feet of land area,
net of Bristol Street. Other land features such as topography, drainage, effectively land shape,
and highest and best use remain unchanged. The site will have continued reasonable
vehicular /pedestrian access along Bristol Street.
As discussed, the main fast food restaurant building and a significant portion of on -site
improvements will be demolished and removed from the site as a result of the street widening
project. While certain on -site improvements such as paving, landscaping, concrete curbing,
etc., will remain within the remnant parcel, the value of same is judged relatively nominal in a
highest and best use context. The subject remainder parcel has been considered and appraised
herein as if vacant and readily available for development.
The value of the remaining portion of the subject parent property, after acquisition, before
consideration of severance damages and project benefits, is estimated by way of the Sales
Comparison Approach. The fee simple land value was estimated in the previous portion of this
section at $45.00 per square foot of land area. Said rate remains unchanged in the "after"
condition. The value of the remainder parcel is as follows:
35,951 SF @ $45.00 = $1,617,795
Permanent Severance Damages:
Severance damages are defined in Real Estate Valuation in Litigation, published by The
Appraisal Institute, Page 289, as "the diminution of the market value of the remainder area, in
the case of a partial taking, which arises (a) by reason of the taking (severance) and /or (b) the
construction of the improvement in the manner proposed.
Considering the foregoing with respect to (1) before condition, (2) analysis of the part taken,
and (3) conditions after the taking, severance damages will incur to the remainder as a result of
the proposed taking. Specifically, value diminution results from the permanent elimination of
the main fast food restaurant building and resultant loss of future rental income.
75B -20
SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued)
Permanent Severance Damages: (Continued)
Monetary compensation applicable to severance damages reflects the difference between the
value of the remainder as part of the whole, and the value of the remainder after acquisition,
before consideration of benefits, as follows:
Value of remainder, before taking: $2,375,882
Value of remainder, after taking: -1,617,795
Indicated severance damages: $ 758,087
Project Benefits:
Qualitative benefits to the general community in the "after" condition include the upgrading of
street improvements as well as increased roadway capacity and improved circulation resulting
in enhanced aesthetics and safety conditions for vehicular and pedestrian traffic. Project
benefits, relating specifically to the subject parent property, are not monetarily quantifiable.
Recapitulation:
Based on the foregoing, the total just compensation applicable to the partial acquisition of the
subject parent property, as of January 8, 2014, is estimated as follows:
Land value:
$ 204,750
Improvements:
169,368
Total value of part taken (land, imps.):
$ 374,118
Severance damages:
Value of remainder, before taking:
$2,375,882
Value of remainder, after taking:
-1,617,795
Total:
$ 758,087
Project benefits (none quantifiable):
00
Net severance damages:
758,087
Total just compensation:
$1,132,205
Adjusted: $1,132,000
75B -21
ATTACHMENT
/G1U0iC1111n '&LI
SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO
ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR
AN INTEREST THEREIN
You are entitled to receive full payment prior to vacating the real property being
purchased unless you have heretofore waived such entitlement. You are not required
to pay recording fees, transfer taxes, or the pro rata portion of real property taxes
which are allocable to any period subsequent to the passage of title or possession.
1. The holders of liens, deeds of trust or other security interests in your property
and /or any leases or tenants of your property may be entitled to all or a portion of
the consideration to be paid by the City of Santa Ana ( "City ") for your property in
accordance with the particular contract(s) existing between you and the lien holder
or lessee /tenant.
2. All buildings, structures, and other improvements affixed to the land described
in the reference documents covering this transaction and owned by the grantor
herein or, if applicable, owned by you as a tenant are not being conveyed unless
other disposition of these improvements has been made. The interest acquired is
fee title.
3. The amount determined to be just compensation was determined after
consideration of an appraisal of the fair market value of the Parcel. The basis for
the amount determined to be just compensation is summarized on the attached
Appraisal Summary Statement (Statement of Just Compensation) and the amount
of the Purchase Price:
a. Is the full amount believed by the City to be just compensation for the
property taken;
b. Is not less than the approved appraisal of the fair market value of the
property as improved;
c. Disregards any decrease or increase in the fair market value of the
public improvement for which the property is to be acquired for such
public improvement, other than that due to physical deterioration within
the reasonable control of the owner or occupant; and
75B -22
ATTACHMENT
APN: 405 - 252 -20
Page 2
d. Reflects the definition of "fair market value" as defined in Eminent Domain Law
(California Code of Civil Procedure Section 1263.320) which is "the highest price on the
date of valuation that would be agreed to by a seller being willing to sell but under no
particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready,
willing and able to buy but under no particular necessity for so doing, each dealing with
the other will full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available." Does not reflect any consideration of or
allowance for any relocation assistance and payments or other benefits
which the owner is entitled to receive under an agreement with the public
entity.
5. If you ultimately elect to reject the offer made by the City of Santa Ana for your
property, you are entitled to have the amount of compensation determined by a
court of law in accordance with the laws of the State of California.
e.
75B -23
75B -24
JX8/1 /20/15
RESOLUTION NO. 2015-
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 A PORTION OF THE REAL PROPERTY
LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1501
N. BRISTOL STREET (APN 405 - 252 -20)
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 January 20, 2015,
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),
toaether with the accomoanvina statement and summary of the basis for
the amount established as just compensation, was actually made and
whether said offer and statement/summary 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 a portion of the
property by eminent domain.
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/En Aronmental Impact Statement EIR No. 89 -01 and all
Exhib Tit 3 Resolution No. 20 t 5-
Page 1 of 6
75B -25
subsequent addenda. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was
prepared for the proposed project and approved by the California Department of
Transportation and Federal Highway Administration in 2011.
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.
Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ")
§ 735.5(0)(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 Title XIV, OCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has
determined that the proposed project is planned or located in a manner that will be the
most compatible with the greatest public good and least private injury and that the
public interest, necessity, health, safety and welfare require the acquisition by the City
of Santa Ana of a portion of the real property located at 1501 N. BRISTOL STREET
(APN 405- 252 -20) in the City of Santa Ana, California consisting of approximately 4,550
square feet of property to be acquired in fee title. 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 5. 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 4 above, including any and all leaseholds and related
improvements for the purposes of the Phase 1116 of the Bristol Street Widening Project
( "the Project'). The location of the Project is between Washington Avenue and
Seventeenth Street for the widening of Bristol Street. Included in the project will be
street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a
manner which will be most compatible to the greatest public good and the least private
injury.
Section 6. The taking of the interest in said Property as described in Section 4
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 §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 5101, 5101,5, 5102, and other applicable law.
Resolution No. 2015 -
Page 2 of 6
75B -26
JXS /1 /20/15
Section 7. The offer required by Government Code section 7267.2 was made
to the appropriate party or parties with respect to the Property on or about October 1,
2013 and an updated offer on August 20, 2014.
Section 8. The City hereby declares that it is the intention of the City of Santa
Ana to acquire in its name, a portion of the property 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 4 above.
Section 9. That if any of the Property described in Section 4 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 10. Said Property described in Section 4 above is located within the
City of Santa Ana, County of Orange, State of California, and is more particularly
described in Section 4 hereof.
Section 11. The City of Santa Ana is authorized to acquire by eminent domain
as provided in the California Code of Civil Procedure.
Section 12. 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 4 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 13. 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 2015.
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
By
J Sandoval
ief Assistant City Attorney
Miguel A. Pulido
Mayor
75B -27
Resolution No, 2015 -
Page 3 of 6
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Resolution No. 2015 -
Page 4 of 6
Clerk of the Council
City of Santa Ana
75B -28
_.
JXS /1 /20/15
R101432,12 (D)
06.30.14
EXERBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION
A.P, NO, 405. 252.20
Those portions of Lots 9, 11 and 13 of "A Subdiv[sion of West 3 AC, of South 6 AC, of
the NW' /,- NW'G -NWI /a Sec, 12TWP,5S: R10W "intheCityofSantaAna,County
of Orange, State of California as shown on the map filed hi Book 3, Page 12 of Records
of Survey in the Office of the County Recorder of said Comity, togather with a portion of
the Northwest One Quarter of the Northwest One Quarter of Section 12, Township 5
South, Range 10 West, in the land allotted to Jacob Ross in the decree of partition of the
Rancho Santiago De Santa Ana, recorded in Book 3 of Judgements of the 171' Judicial
District Comt of California, described as a whole as follows:
Commencing at the intersection of the centerline of Bdstot Street and the centerline, of
Seventeenth Street as shown on said Record of Survey; thence along said conterline of
Bristol Street South 00 °00'0" West 660,00 feet to the Northwest corner of the land
described as Parcel I in that certain Grant Deed recorded January 21, 1980, in Book
13474, Page 1154, of 01final Records in the office of said County Recorder; there,
leaving.safd centerline along the Northerly line or said Parcel t North 89 016110" East
50.00 fact to a line parallel with and 90.00 feet Easterly or said centerline of Bristol
Sheet, also being the TRUE POINT OF BEGINNING; thence leaving said Northerly
along said parallel line South 00 000'00" West 175.02 feet to the Southerly line of the land
described as Parcel 2 in said Grant Deed; thence leaving said parallel line along said
Southerly line North 89 016110" Bast 14.00 fact to a line parallel with and 64,00 feet
Easterly of said centerlhaa of Bristol Street; thence leaving said Southerly line along said
parallel line North 00 °00'00" But 325,02 feet to the Northerly fine of said Lot 9; thence
leaving said parallel hue along said Northerly line South 8901611011 "last 1490 cct to
first said parallel line; thence leaving said Northerly line along said parallel line South
00 000'00" West 15D,00 feet to the TRUE POINT OF BEGINNING,
Containing an area of 0.104 acres (4,550 square feet), more or less.
Subject to covenants, conditions, reservations, restrictions, rlghts- offway and easements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof
JANiF,S h. GARV IN, PLS 6343
'91011., I2NIAM,h4WI., NdlwaoNchldm
75B -29
Resolution No, 2015 -
Page 5 of 6
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75B -30
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75B -30