2003-007 - Acquisition of Certain Real Property Located at 110 MacArthur Boulevard

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proposed project has been adequately evaluated in the previously prepared MacArthur Place Environmental impact Report 87-01. 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") § 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 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 110 MacArthur Boulevard in the City of Santa Ana, California consisting of approximately 416 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 3,617 square foot temporary construction easement and 533 square foot temporary landscape easement. (collectively referred to as "the Property") The Property is situated in the City of Santa Aha, 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 for the purposes of the Main and MacArthur Intersection Project ("the Project") and related improvements. The location of the Project is between Main Street and MacArthur Boulevard for the widening of Main 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 above described 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 ^na 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 943, 5100, 5101,5101.5, 5102, and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about February 22, 2002 and a revised offer on or about October 24, 2002. Resolution No. 2003-007 Page 2 of 10