HomeMy WebLinkAbout2015-006 - Acquisition of a Portion of the Real Property Located 1501 N. Bristol StreetJXS /1 /20/15
RESOLUTION NO. 2015 -006
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),
together with the accompanying 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/Environmental Impact Statement EIR No. 89 -01 and all
Resolution No. 2015 -006
Page 1 of 6
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(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 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 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 IIIB 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 -006
Page 2 of 6
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 3rd day of February, 201:
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
Cljie� Assistant City Attorney
Resolution No. 2015 -006
Page 3 of 6
AYES: Councilmembers: Amezcua Benavides Martinez, Pulido, Reyna,
Tinajero (5)
NOES: Councilmembers: None (J
ABSTAIN: Councilmembers: Reyna Sarmiento (2))
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -006 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 3, 2015.
Date: to L1-0
Resolution No. 2015 -006
Page 4 of 6
Clerk of the Council
City of Santa Ana
EXHIBIT "A"
JXS /l /20/15
RIO 1432,12 (D)
06 -30 -14
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION
A.P. NO. 405-252-20
Those portions of Lots 9, 11 and 13 of "A Subdivision of West 3 AC. of South 6 AC, of
theNW %4•NW' / -NW' /n See. 12TWP.5S R10W "intheCityofSairtaAna,County
of Orange, State of California as shown on the map filed in Book 3, Page 12 of Records
of Survey in the Office of the County Recorder of said Comity, together with a portion of
the Northwest Ono 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 17'h Judicial
District Court of California, described as a whole as follows:
Commencing at the intersection of the centerline of Bristol Street and the centerline of
Seventeenth Street as shown on said Record of Survey; thence along said comerline of
Bristol Street South 00 000'0" West 660.00 feet to the Northwest corner of the land
described as Parcel 1 in that certain Grant Deed recorded January 21, 1980, in Book
13474, Page 1154, of Official Records in the office of said County Recorder; thence
leaving said centerline along the Northerly line of said Parcel I North 89 °16'10" East
50.00 feet to a line parallel with and 50.00 feet Easterly of said centerline of Bristol
Street, also being the TRUE POINT OF BEGINNING; thence leaving said Northerly
along said parallel line South 00 °00'00" West 175,02 feet to the Southerly line of tho land
described as Parcel 2 in said Grant Deed; thence leaving said parallel line along said
Southerly line North 89 °16'10" East 14.00 feet to a line parallel with and 64.00 feet
Easterly of said centerline of Bristol Street; thence leaving said Southerly line along said
parallel line North 00 °00'00" East 325,02 feet to the Northerly line of said Lot 9; thence
leaving said parallel line along said Northerly line South 89 016'10" West 14.00 feet to
first said parallel line; thence leaving said Northerly line along said parallel line South
00 000'00" West 15100 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, rights -of -way and casements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof,
JAMES L. GARVIN, PLS 6343
y/R 101412.I VA /R(ghtotWay nedI,,,[ rlrlr /dm
Resolution No. 2015 -006
Page 5 of 6
0
BY
SANTA ANA
70"
Pufiuc FMS AMOY
Resolution No. 2015 -006
Page 6 of 6
A.P, NO. 405 - 252 -20
SKETCH TO ACCOMPANY
LEGAL DESCRIPT70N
0: \10143212 \6IAP10143212 \DWG \EX \10143212JEXOI.DWG
_
P.O.C.
_Nas76'to'e _
– SEVENTEENTH STREET
I
L
I
°I
01
e
e
I
40' `�
l
.. N6976'10 E
4
,I,
14,00'
—"� N'LY LWE LOT 9 T
o
g I
1J
I
_I
7
I
l
0, 104 ACRES — —
z�
13 k1
jER
N1 LINE
u PARCEL I
PARCEL fl
o
n:
z°
,w
50'
s4'
PARCEL 2 �
��
l �(
S'LY LINE t
PARCEL 2 J
40'
-
N6976'10'E
i-A00'
440 -2014
EXHIBIT 'B'
A.P, NO. 405 - 252 -20
SKETCH TO ACCOMPANY
LEGAL DESCRIPT70N
0: \10143212 \6IAP10143212 \DWG \EX \10143212JEXOI.DWG