HomeMy WebLinkAbout2003-005 - Acquisition of Certain Real Property Located at 3414 South Main StRESOLUTION NO. 2003-005
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
(ARCO LOCATED AT 3414 SOUTH MAIN STREET)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana on January 6, 2003, after
written notice duly provided to all those claiming ownership, including the owners of 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;
Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
Whether the property proposed to be acquired is necessary for the
Project;
Whether the offer required by Government Code section 7267.2(a),
together with the accompanying statement and summary of the basis for
the amount established as just compensation, was actually made to you
and whether said offer and statement/summary were in a form and
contained all of the factual information required by Government Code
section 7267.2(a);
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
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
Resolution No. 2003-005
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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 XlV, 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 3414 South Main Street in the City of Santa Ana, California
consisting of approximately 1350 square foot of property to be acquired in fee title (for
right of way purposes), together with approximately 1,576 square foot temporary
construction 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 Aha Charter, Santa Ana Municipal
Code §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 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 23, 2002.
Resolution No. 2003-005
Page 2 of 8
Section 7. Excepting the portion of the Property 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 accordance with the provisions of the
laws of the State of California with reference to condemnation procedures, all interests
in and to said Property.
Section 8. That if any of the Property 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.. Said Property is located Within the City of Santa Ana, County of
Orange, State of California, and is more particularly described in Section 3 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
said Property. The City Attorney is also authorized and directed to obtain a necessary
order of immediate possession and occupancy of said 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 6th day of January, 2003.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~g~se Sandoval ~
Senior Assistant City Attorney
Resolution No. 2003-005
Page 3 of 8
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist, Christy, Franklin, Garcia. Pulido.
Solorio (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-005 to be the original resolution adopted by the City
Council of the City of Santa Aha on January 6, 2003.
Date:
/ ~ / Clerk of the Council
City of Santa Ana
Resolution No. 2003-005
Page 4 of 8
LEGAL DESCRIPTION
A~P. Mo. 410-151-03
That portion of Parcel 1 in the City, of Santa A.ua, County of Orange, State of C~H~orr~i.a,
as sho~vn on a map filed in Book 16, page 48 of Parcel Maps ir~the.office of the Cou. uty
'Recorder of said County, describ, ed as follows:
BEGINNk-'qG at the Northeast comer of said Parcel 1; thence South 00°.39:5 I" West,
123.34 feet, along the easterly line of said Parcel to ~e beg/nning of a tangent curve
concave northwesterly and having, a radius of 27.00 feet, said curve also being tangent at
its westerly terminus.to the southerly line of sakl Parcel; thence southwesterly along, said.
curve, tl~rou~ a central angle 0f89~ 18~ 08" a distance of 42.08 feet to its point of
tangency with said southerly line of said parcel; tb. ence tangent to said curve South 89°
57' 59" West, 9.00 feet along sai~l southerly line to a point of cusp with a.tangent curve
. concave northwesterly and having a radius of 2%00 feet, said curve being tangent at its
northerly terminus to a line that is parallel with and 61.00 feet westerly of the centerline
of Maln Street as shown on said Map, a radial line of said curve through said point bears
South 0o.02, 01" East; thence northeasterly 42.08 feet along said curve throu~ a central
angle of 89° 18' 08" to its point of tangcncy to said parallel llne; thence North 00° 39'
51" East, 123.34-feet along said parallel line to the northerly line of said Parcel; thence
North 39° 57' 59" East, 9.00.along said northerl); line.to the Point of Beginning.
5762 Bolsa Ave., Sfiite 201
Huntin~on Beach, CA 92649
714-379-3376
Donald $. I~orsey~/J Date
P.L.S. 4527 (// Exp. 09/_30/02
Exhibit A
Resolution No. 2003-005
Page 5 of 8
141.01'
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LIDGAI:~D AND ASSOCIATES
Resolution No. 2003-005
Page 6 of 8
10' TEblPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
A.P. No. 410-151-03
That portion of Parcel 1 in the City of Santa Ana, County of Orange, State of California,
as shown on a map filed in Book 16, page 48 of Parcel Maps ia the office of the County
Recorder of said County, described as follows:
Commencing at the Northeast comer of said Parcel I; thence South 89°57'59'' West, 9.00
feet along the northerly line of said Parcel to the True Point of Begirming; thence South
00°39'51" West, 123.34 feet, parallel with the easterly line of said Parcel to the
beginning of a tangent curve concave northwesterly and having a radius of 27.00 fee!,`
said curve also being tangent at its westerly terminus to the southerly line of said Parcel;
thence southwesterly along said curve, through a central angle of 89° 18'08" a distance of
42.08 feet to its point of tangency with said southerly line of said parcel; thence leaving
said tangent line North 00°02'01" West, I0.00 feet to the beginning of a non tangent
curve, having a radius of 17.00 feet concave northwesterly and being concentric with said
curve having a radius of 27.00 feet and concave northwesterly, said curve having a radius
of 17.00 also being tangent at its northerly terminus with a line th~it is parallel with and
71.00 feet westerly of the centerline of Main Street as shov,'n on said Map, thence
northeasterly 26.50 feet along said curve th-rough a central angle of 89°18'08" to its point
of tangency in said parallel llne; thence North 00°39'51"East, 123.23 feet along said
parallel line to the northerly line of said Parcel; thence North 89°57'59" East, 10.00 along
said northerly line to the Tree Point of Beginning.
'~- .;' "Pr~ba[ed by .
' ' ParagSnPartners Ltd. i'
5762 Bolsa Ave., Suite 201
Huntington Beacfi,'CA 92649
714-379-3376
Jt~'rnes M. Rushing ~'Date "/
~R.C.E. 28219 Exp. 0.~/M/0_
Resolution No. 2003-005
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Resolution No. 2003-005
Page 8 of 8