2009-012 - Acquisition of Certain Real Property Located within the City of Santa Ana at 2909 S. Bristol Street

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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 2909 S. BRISTOL STREET (APN 410-411-19) in the City of Santa Ana, California consisting of approximately 292 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 755 square feet of property for a six (6) month temporary construction easement (collectively referred to as "the "Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" and Exhibit "B" 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 described in Section 3 above for the purposes of the San Lorenzo Pump Station Project ("the Project") and related improvements. The location of the Project is between Bristol Street and Segerstorm 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 5. The taking of the interest in said Property as described in Section 3 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 943, 5100, 5101, 5101.5, 5102, and other applicable law. Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties with respect to the Property on or about September 3, 2008. Section 7. Excepting the portion of the Property described in Section 3 above for which the City will acquire only a temporary construction easement, the City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in Resolution No. 2009-012 Page 2 of 8