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Home My WebLink About2017-036 - 2240 S. Bristol Street Widening Project6/20/17 RESOLUTION NO. 2017-036 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 AT 2240 S. BRISTOL STREET (APN 408-471-06) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in 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 has been made; 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. 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 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was Resolution No. 2017-036 Page 1 of 6 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") § 753.5(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 § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(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 hereby finds and determines each of the following: A. The public interest and necessity require the proposed project B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2240 S. Bristol Street (APN 408-471-06), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project (`Project'). The location of the Project is between Warner Avenue and St. Andrew Place 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 the property 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 section 41-781; California Code of Civil Procedure sections 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. 2017-036 Page 2 of 6 6/20/17 Section 7. 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 the property described in Section 4 above. Section 8. 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 9. The 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 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 the 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 such 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 201h day of June , 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: W. JqWn M. Funk Assistant City Attorney Resolution No. 2017-036 Page 3 of 6 AYES: Councilmembers: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Martinez, Tinaiero (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-036 to be the original resolution adopted by the City Council of the City of Santa Ana on June 20, 2017. Date: iy�LZL� Resolution No. 2017-036 Page 4 of 6 - Maria D. Huizar Clerk of the Council City of Santa Ana EXHlbl i q LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as fellows: THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTFIERLY 52.00 FEET FROM THE SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRAIT N0. 2207, RECORDED IN SOOK.62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 89° 48'45" WEST 192.00 FEET THEREON FROM THE EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; TI-IENCE NORTH 0. 10' 45" EAST 150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 89° -18'45" EAST 150.00 FEET PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42,60 FEET FROM SAID EAST LINE; THENCE SOUTH 0° 10'45" WEST 125,16 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89" 38' 00" TO THE POINT OF TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 890 48' 45" WEST 125. 1,6 FEET TO THE POINT OF BEGINNING, EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO, 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS, ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEP'T'H OF 500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIL, GAS, WATER OR MINERALS, AS RESERVED TO THE CITY OP LOS ANGELES BY GRANT DEED RECORDED JUNE :1.3, :L980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 1.70 OF OFFICIAL. RECORDS. APN, 408 -47J. -GO 6/20/17 Resolution No. 2017-036 Page 5 of 6 I3:cu3r9_3 J 34 33 P a R T —IVrIFM1'ER /xpr evmr { s c 0� .22 Resolution No. 2017-036 Page 6 of 6 M1.40 �AVEN//F