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Home My WebLink AboutPUBLIC NOTICE - 75FMAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA Clerk of the Council 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org November 10, 2020 United California Bank Realty Corporation, a dissolved California corporation 100 East Warner Avenue Santa Ana, CA 92707 120 East Warner Avenue Santa Ana, CA 92707 C/o Thomson Property Tax Services P. O. Box 2609 Carlsbad, CA 92018-2609 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Re: Notice of Hearing Regarding Adoption of Resolution of Necessity to Acquire Real Property by Eminent Domain (Code of Civil Procedure § 1245.235) Property: 100 & 120 E. Warner Avenue / 2301 South Main Street, Santa Ana, CA 92707 (APNs 016-031-38 and 016-031-54) Dear Owner: The City Council of the City of Santa Ana ("City") intends to consider the adoption of a Resolution of Necessity on December 1, 2020, which if adopted, will authorize the City to acquire by eminent domain the real property described in this letter for Phase I of the City's Warner Avenue Improvements Project, between Main Street and Oak Street ("Project"). A legal description and map of the real property being considered for acquisition is enclosed with this Notice as Exhibit "A" ("the subject property"). Please take notice that the City Council at its regularly scheduled meeting to be held on December 1, 2020, at 5:45 p.m., or as soon thereafter as the matter may be heard, will hold a hearing on whether a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure § 1245.220, for the commencement of an eminent domain proceeding to acquire fee title to the subject property. United California Bank Realty Corporation, a dissolved California corporation November 10, 2020 Page 2 of 3 Public may watch or listen in to the meeting live via these remote options: • YouTube channel at www.youtube.com/cityofsantaanavideos/live • Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 You have the right to be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; 3. Whether the subject property sought to be acquired by the exercise of eminent domain as described in the Resolution of Necessity is necessary for the proposed Project; 4. Whether the offer required by Government Code § 7267.2 has been made; 5. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the subject property, as well as any other matter regarding the right to take the subject property by way of eminent domain; and 6. Whether the City has the statutory authority to acquire the subject property by eminent domain. On November 25, 2020, a copy of the proposed Resolution of Necessity will be available on the City's website at hgps://www.santa-ana.or /cg c/city-meetings, within the agenda materials for the December 1, 2020 City Council Meeting. This Notice has been sent to you because your name and the above listed address appears on the last equalized tax assessment roll of the County of Orange as being the name and address for tax bills to be sent for the subject property. The statutes authorizing the City to acquire the subject property by eminent domain for the proposed Project include the City's Charter at § 200, Santa Ana Municipal Code § 41-781, California Code of Civil Procedure §§ 1240.010, 1240.110, Section 19 of Article I of the California Constitution, and California Government Code § 37350.5 and § 40404. If you desire to be heard, you can submit a written comment to the Clerk of the Council by one of three ways: 1. Emailing ecomment(c-r�,santa-ana.org by 4:00 p.m. on Regular Council meeting Tuesday. Comments received after the cut off time will be included as part of the record as early as possible. 2. Mailing to Clerk of the Council, 20 Civic Center Plaza, M-30, Santa Ana, California 92701, 3. Via facsimile number at (714) 647-6956. SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villegas Vicente Sarmiento David Penaloza Jose Solorio Phil Bacerra Nelida Mendoza Mayor Mayor Pro Tern, Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 mpulido(a)santa-ana.org ivillegas(a)santa-ana.org vsarmiento(a)santa-ana.org dpenaloza(a)santa-ana.org isolorio(a)santa-ana.org pbacerra(@santa-ana.org nmendoz(cDsanta-ana.org United California Bank Realty Corporation, a dissolved California corporation November 10, 2020 Page 3 of 3 Alternatively, the Public Hearing will be held by teleconference at 5:45 p.m. You may join the meeting by Zoom webinar directly at: https://us02web.zoom.us/j/315965149; or by calling (669) 900-9128 and entering the Meeting ID: 315-965-149#. Due to COVID, please visit https://www.santa-ana.org/cc/city-meetings frequently for updated information. The City will consider any written observations you may wish to submit before the hearing. Failure to comply with the provisions set forth above will, under California law, result in a waiver of the right to appear and be heard on the matters and issues which are the subject of this hearing. However, if you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the subject property will not be considered by the City Council at the hearing. If you elect not to appear and not to be heard, your failure to appear will be a waiver of your right to later challenge the City's right to take the subject property by eminent domain. This Notice is not intended to foreclose any negotiations between you and the City's representatives on the amount of compensation to be paid for the subject property. If the City Council elects to adopt a Resolution of Necessity, then within six (6) months the City will commence eminent domain proceedings in Orange County Superior Court. In that proceeding, the court will determine the amount of compensation to which you are entitled. Respectfully, Daisy Gomez Clerk of the Council CC: Sean O'Connor Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive Tenth Floor Costa Mesa, CA 92626 Enclosures: Description of subject property and map (Exhibit A) Proof of Service by Mail SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villegas Vicente Sarmiento David Penaloza Jose Solorio Phil Bacerra Nelida Mendoza Mayor Mayor Pro Tern, Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 mpulido(a)santa-ana.org ivillegas(a)santa-ana.org vsarmiento(a)santa-ana.org dpenaloza(a)santa-ana.org isolorio(a)santa-ana.org pbacerra(cDsanta-ana.org nmendoz(cDsanta-ana.org EXHIBIT A C91 Y:dOmeo WJLZ41 L1o71D VL 4)N*d'I'WAG pgm bey 1 W 4 d-d tl"ozu :)."o 'uPW W 3,:N:p11B we,lew ,Wlo P1 aPeeAe's/l W,WeO to ugP'aM 'sePUP,sV •sugsuwup emsu! P!! seop Ae Wwaal;, Py'i{ue 1}'IuswPwppuP lip DP!➢Pw ApswpMe s! ewemsP PIlp IP.I'7w B VJiP�P q PPPe141P AeNM Plwl sl We' 1�84,P pue iYl,epU IPm1&:'Snt1189l,IuplPe al uopep, PPeI Pulewy sWBPpeaqu pe ue ae ryP1,Pp f!}Itl(ERn *'ll[1 �0 3B 4io-37 k smmr -- p' 4 fi a p z ti ti OZ n L a 0 r o � � . w Q O a0 Q Y (D_. a k ORAWE Imo. m Al --Tex7.rf�S!f—�1-- A 7 � a (CIN (V aa) s k;IF AVENUE 0 0�0.00 o°Q000 k 00 +: ► b O � ~ 4 d MAPL r STRrrr ni Attachment 2A EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES WITHIN ASSESSOR'S PARCEL Nos. 016-031-38/54 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN BLOCK `A' AND ALSO WITHIN THE PACIFIC ELECTRIC RIGHT OF WAY, BOTH AS SHOWN OF THE `MAP OF SOUTH SANTA ANA', FILED IN BOOK 5, PAGE 43, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID PARCEL LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF A LINE, SAID LINE BEING PARALLEL WITH AND 60.00 FEET SOUTH OF THE CENTERLINE OF WARNER AVENUE, (FORMERLY DELHI ROAD) AS SHOWN ON ABOVE SAID MAP, WITH THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED AS PARCEL 2 IN THE DOCUMENT RECORDED JANUARY 6TH, 1975 IN BOOK 11318, PAGE 1036, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID PARALLEL LINE, SOUTH 88°30' 10" EAST, 187.92 FEET; THENCE, NORTH 88038'27" EAST 46.57 FEET TO THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 24TH, 2004 AS INSTRUMENT NUMBER 2004001052529, OFFICIAL RECORDS OF SAID COUNTY. CONTAINING AN AREA OF APPROXIMATELY 1322 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMSNTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT `B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; ALAN D. FRANK P.L.S. 7172 DATED: 2018-03-15 z ° I I t f I � d U w o ° a r o cls �JRaF�[ _ I d �S ..j SOS �� Y W �lu 0 I it v �� 0z GG p T' f,� m J Ld � I J � p6 00 � z6 p H_ } z: LLJ d w O �0 � U') U Jcr- 9�— Q O "0�;�-O, I LLl 00 o I w Y � N C Q �u cn I zw (U z_ Qct�I Oc � �� 0� OU I O ON \ °j rn oO op r N I< do °0 COO �S! r) Q z 0 .ico d w N N O — -d IL D rn X 0O co I I p co °p�� ' 0c O� 0- o -' O �y Q >z I Q� N o 0 N- 9l�A�! p N N E cro z 0 co !! Z E p 11 L d 00 co �00 °� d' O) � J J z = U �� Zz z y� WSW oo)o) � � �ww � N�o d !� o oO J coN z 2 oo< ao w00on. m IN LOn � g a.. z 00'S9 m 0O m (Z) N� 00 co H co Ln d- IQ 11 1 w LL 00'09 ��_ w I It 00 cs I p l J J J J J J J U U U U I � �I� I I �Ip I b NII d I jA �N ? I — cv -- I I3, 60,10 ICON I m co I 0 CC " C� W Q I � I 1 0 U 3„Ol,6Z lON 117— - -�7NIvPv 3 Attachment 2B EXHIBIT `A' LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT PUPORSES WITHIN ASSESSOR'S PARCEL Nos. 016-031-38/54 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WITHIN BLOCK `A' AND ALSO WITHIN THE PACIFIC ELECTRIC RIGHT OF WAY, BOTH AS SHOWN ON THE `MAP OF SOUTH SANTA ANA', FILED IN BOOK 5, PAGE 43, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID PARCEL BEING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF MAIN STREET WITH THE CENTERLINE OF WARNER AVENUE (FORMERLY DELHI ROAD) AS SHOWN ON THE ABOVE REFERENCED MAP; THENCE ALONG SAID CENTERLINE OF MAIN STREET, SOUTH 0 1029'10" WEST 100.44 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE OF MAIN STREET, SOUTH 88030'50" EAST, 58.65 FEET TO A POINT IN THE WESTERLY LINE OF THOSE LANDS DESCRIBED AS PARCEL 2 IN THE DOCUMENT RECORDED JANUARY 6TH' 1975 IN BOOK 11318, PAGE 1036, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 85054'36" EAST, 5.00 FEET TO A LINE, SAID LINE BEING PARALLEL WITH AND 5.00 FEET EASTERLY FROM THE EASTERLY RIGHT OF WAY OF MAIN STREET; THENCE ALONG SAID PARALLEL LINE, NORTH 04001'09" EAST, 34.69 FEET TO A LINE PARALLEL WITH AND 66.00 FEET SOUTH OF THE CENTERLINE OF WARNER AVENUE (FORMERLY DELHI ROAD); THENCE ALONG LAST SAID PARALLEL LINE, SOUTH 88030' 10" EAST, 192.16 FEET TO A LINE PERPENDICULAR TO THE CENTERLINE OF WARNER AVENUE (FORMERLY DELHI ROAD); THENCE SOUTH 01029'50" WEST, 4.00 FEET TO A LINE PARALLEL WITH AND 70.00 FEET SOUTH OF THE CENTERLINE OF WARNER AVENUE (FORMERLY DELHI ROAD); THENCE ALONG LAST SAID PARALLEL LINE SOUTH 88030' 10" EAST, 45.45 FEET TO THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN THE DOCUMENT RECORDED NOVEMBER 24TH, 2004 AS INSTRUMENT NUMBER 2004001052529, OFFICIAL RECORDS OF SAID COUNTY. CONTAINING AN AREA OF APPROXIMATELY 3142 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT `B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; ALAN D. 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