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Home My WebLink About2017-039 - 1241 W. St. Anne Place For the Bristol Street Widening Project6/20/17 RESOLUTION NO. 2017-039 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 CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1241 W. ST. ANNE PLACE (APN 015- 215-10) 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. 2017-039 Page 1 of 8 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. A portion of the real property located at 1241 W. St. Anne Place (APN 015- 215-10), in the City of Santa Ana, California consisting of approximately 266 square foot of property to be acquired in fee title, together with approximately 650 square feet of property for an eighteen month (18) temporary construction easement. The property, as described in Exhibit "A" and temporary construction easement as described in Exhibit "B", are 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. 2017-039 Page 2 of 8 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 20" day of June, 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney -�V- JdVn M. Funk Assistant City Attorney Resolution No. 2017-039 Page 3 of 8 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. 2017-039 to be the original resolution adopted by the City Council of the City of Santa Ana on June 20, 2017. Date: {2/ly1-0i-) Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2017-039 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BRINO A PORTION OF LOT 21 OF TRACT NO. 1383, PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCEI L NBOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHWESTERLY AND WESTERLY OF THE FOLLOWING DHSCRffiSD LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET AND SAINT ANNE PLACB, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAN CENTERLINE OF SAINT ANNE PLACE, SOUTH 88°I0'21 -HAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CeNTPR r.rNR, NORTH 1°49'39" EAST, 30.00 I= TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAN POINT BRING THE TRUE POINT OF BEGINNING; THENCE NORTH 44°50'53" WEST, 16.50 FRET; THENCE, NORTH 0°06'22" EAST, 112.33 FEET TO THE WEST LINE OF SAID LOT CONTAINING All AREA OF 266 SQUARL' FELT. MORE OR LESS ALL AS SHOWN ON MOURIT'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PARTTIRRROF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER 22, 2015 ANTHONY C. CUOMO, PLS 6042 ja� Fee Acquisition Area 6/20/17 Resolution No. 2017-039 Page 5 of 8 Fee Acquisition Area Resolution No. 2017-039 Page 6 of 8 2010162-020 {--2G,17'�.I P cne�bop� 4��apar 'Gi.l }M � OF CM1IYGp LOT e0 41 LOT 19 N Y F- (- TRACT 1383 M.M. 41/.47 L.OT E7 LOT 22 •�+ 'K Ll N0S'10.2L'W s. E. Ln 43 42. 95' .. N1 49'39'E Z, (�v r,P,rJ,a, p d -89`56135'W _ R=10.00 L'w` - --""'--°-- m o L=1s. 70' Ll - � -.q cl . m ST ANNE PL NRISTOL STREET IMPROVEMENTS PNASE IV WARNER AVENUE TO SAINT ANDREW PLACF- PROJECT Nm. 19-e749 ...P. JOHNOON-FRANK WJp"9 AVCIMC 4 ASSOC- JMC. - AIgVpINQ ... mllbIT 'b' . SILEYCH TO ACCOMPANY I.EOAL OESOR)P'TION 918. E. HUNAAMD'UE NVAIIGIAIr C,VUHNIA U2UUY-2UOA (>IM1) ]YTMO» } 014 17-1.41 tlIr1E �jL-21-208 —Z— SIIFGT Fee Acquisition Area Resolution No. 2017-039 Page 6 of 8 2010162-020 LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES—AP No. 015-215-30 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 21 OF TRACT NO. 1383, PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE OF SAID STRIP BR NO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLRJE OF SAINT ANNE PLACE, SOUTH 88010'21 -EAST, 55.22 FEET, THENCE, PERPENDICULAR TO SAID CEN'T'ERLINE, NORTH 1049'39" EAST, 30,00 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44050.53" WEST, 16.50 FEET; THENCE, NORTH 0006'22" EAST, 112.33 FEET TO THE WEST LINE OF SAID LOT THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID LOT 21 AND NORTHERLY IN THE NORTH LINE OF SAID LOT 21. CONTAIN ING AN AREA OF 650 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, BASEMENTS OF RECORD, AND WORTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY MB ON SEPTEMBER22,2015MjhonY_ Coama ANTHONY C. CUOMO, PLS 6042 Na. 2 .o' �rfOF CAL\FD� Temporary Construction Easement 6/20/17 Resolution No. 2017-039 Page 7 of 8 Resolution No. 2017-039 Page 8 of 8 LI 14188. 10' 21' W 42.95 ' L2 5. 26" L3 N1.49'39'E g3' 30. 00' P•D.C. ST ANNE PL iSEETCH TO i ANDREW 1� r 30• I-0941 EASE11MENT 1.. 01 - 9-10 )WANT LE4AL OESCRIPTIC exert _ I Or I Temporary Construction Easement 2010102-010 1,4 axl LnryO W �Pr e S 40' I I� ^yr xn eo)x pi f y) I I g Ov cA�hc x�� N d „ I r q I NA4� C LOT 20 LOT 19 a �6•g b 6=89.56' 35' W N I o L2 5, L -I5, 70' Ll N I TRACT 13B3 A I N N a M.M. 41/47 55. 22'. ---j F— c) c) S. ry •`e„ LOT 21 LOT 22 Resolution No. 2017-039 Page 8 of 8 LI 14188. 10' 21' W 42.95 ' L2 5. 26" L3 N1.49'39'E g3' 30. 00' P•D.C. ST ANNE PL iSEETCH TO i ANDREW 1� r 30• I-0941 EASE11MENT 1.. 01 - 9-10 )WANT LE4AL OESCRIPTIC exert _ I Or I Temporary Construction Easement 2010102-010 1,4 r7o m W � I I� g d „ I r q I NA4� C s O .Ns p N I �6•g o 6=89.56' 35' W N I 10.00 L2 L -I5, 70' Ll N I N0R•10'21'W I'm' 55. 22'. ---j Resolution No. 2017-039 Page 8 of 8 LI 14188. 10' 21' W 42.95 ' L2 5. 26" L3 N1.49'39'E g3' 30. 00' P•D.C. ST ANNE PL iSEETCH TO i ANDREW 1� r 30• I-0941 EASE11MENT 1.. 01 - 9-10 )WANT LE4AL OESCRIPTIC exert _ I Or I Temporary Construction Easement 2010102-010 1,4