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HomeMy WebLinkAbout2003-026 - Acquisition of Certain Real Property Located at 1850 E. Edinger AvenueRESOLUTION NO. 2003- 026 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 LOCATED AT 1850 E. EDINGER AVENUE BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on Mamh 3, 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 req'uires 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; C. 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 reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented Resolution No. 2003-026 Page 1 of 10 at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously prepared Negative Declaration (ER 97-3) adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the Project will have a significant adverse effect on the environment. The City Council hereby approves use of this previously adopted negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XlV, Califomia 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. ']'he 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 1850 E. Edinger Avenue in the City of Santa Aha, California consisting of approximately 1072 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 2111.11 square foot temporary construction/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 widening of Edinger Avenue ("the Project") and related improvements. The location of the Project is on Edinger Avenue and the 55 Freeway. Included i n the project w ill b e street p ave-out, a nd t he installation o f 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 t aking of t he interest i n said P'roperty a s 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. Resolution No. 2003-026 Page 2 of 10 Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about Fe. bruary 27, 2001 and a revised offer on or about December 10, 2002. 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 Aha 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 bee~ 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 Aha 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 17th day of March, 2003. Resolution No. 2003-026 Page 3 of 10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /~/s/e Sa~doval ~.. c-¢-oenior Assistant Cit~/Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Counciimembers: Councilmembers: Councilmembers: Councilmembers: Christy, Franklin, Garcia, Pulido, Solorio (5) None None (0) Alvarez, Bist (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-026 to be the original resolution adopted by the City Council of the City of Santa Ana on March 17, 2003. Clerk of the Council City of Santa Ana Resolution No. 2003-026 Page 4 of 10 EXHIBIT "A" Resolution No. 2003-026 Page 5 of 10 ........ ' ~0 ~ --~T B'I:', WzLLIA~t FROST'&''AS~0CIATES · ' ' 14725 Alton Parkway · ]trine, California 91618 LEGAL DESCRIPTION ReYlSe~ ~(ce~ber -,--August EDIltGBAAYENOE 'PARCEL i6obo' '" (~. BO¥~ ENTER?R)~ES). ... That certain par..cel of land situated in the City o.f .Santa Aha, County ~f Orange, . State.of C.~lifOrnie, befog that portion of Lot i of Tract N~: 6834 as shown, a map thereof filed in Book 255, Pages 15 and 16'of Hiscelianeous Naps in 'the Office of the County P, ecorder o~ said Orange County, ,described as follows: ' BEGIN)(iNG at the westerly terminus of-that certain course-shown "Horth 89'52'38"Eas~" 125.0~ feet". {38.112'~eter,s} i.n...thE?rtherly line. of's~i~. Lot i on said' tr. act map; thence along said line North 89°5-~'25'' East 36.249 ~.eters to a pbint of cusp ~'ith a tangent curve concave southerly and h~ving a radius o'f 12.800 ~e.teTs; thence '~long said %urve ¥;esterls 2.521 .~eters through e 'central enbl.e of 11~17'00"; . , , · ~..:~;-: ....... ; ~.then~e',:tangent...~[~..s.a(d. ,~urve. South 78°35'25, We~t 1~.564. ,meters .to the ...... .... .. .beginning-of a tangent .curv~ conc~'~',. ~J~Efi'~FI~'"E~ h~wng..a:" '"'"'":'r=d~us ''~ ~'-o,.i7.678.~' '~' ' meter~, the w~sterly terminus o~ sai~'~u'rve"§h~il'6~.'taff~ent'to~'line'paral.lel· with and 18.2~G meters southerly of the centerline of Edinger ^venUe as shown on said tract thence ~long said curve weste~ly-3.481 meters through e central angle of !1°17'00" to sai~ parallel line; thence along said ~arallel line South 89°52'25" ~,:=~ 18.2o~ meters; ~h.nce South (?~08'33, West 8.!57 m~te~s to .the ¥.=~:rly line of sEid Lot 1. thence ~long s~id ¥:esterly line :no 'the nor,n.=s,.rly line Horth 01~20'A~'' East 2,~9~ ~eters Resolution No. 2003-026 Page 6 ofl0 ~nd North 45°36'34'~ £~st B.724 meters to the ~OiN¥ OF BE6Di,~ING. ¢ON?A!N!NG: '99.614 squ~re meters, ~6re or less. (1991.35 O.C.S. GPS ~UBJECT TO'~ll Covenents, RightS, Eights-of-W[Y ~nd E[~?ents of Record. EXHIBIT "S" ~ttech~d Resolution No. 2003-026 Page 7 of 10 I I I lOT I TR. HO. ' 6854 LOT 2 ,, · 15.24~ Legal Descfip~.ior~ Ap No~ 403-031-~3 For Temporary Landscape Easement 1850 E. Edinger Avenue (W. B0yd Enterprises) That certain parcels o[ land situated in the City of :Santa A.na, County of Orange, State Califorpia, being a portion .of Lot 1 of Tract No. 6834 es shown on a map thereof filed in Book 255, Pages 15,and 16 or Miscellaneous Maps in the OP,3ce of the County Recorder of said Orange County, described as follows: Commencing at the Northerly terminus of that certain course shown as "North 01° 20' 57" East 90.00 feet" (27.432 meters) in the westerly line of said Lot 1 on said tract map; thence along said line South 01" 20' 44" West 2.494 meters to the true point of beginning; thence North 47o 08' 33' East 8.157 meters to a line parallel with and 18.288 meters southerly of the centerline o[ Edinger Avenue as shown on said tract map; thence along said parallel line North 89'~ 52' 25" East 18.284 meters to the beginning o[ a curve concave northerly and having a radius of 17.678 meters; thence easterly 3.481 meters along said curve through a central angle of 110 17' 00'; thence North 78'~ 35' 25" East 12.564 meters; thence South 0° 07' 35" East 4.662 meters; thence South 78° 35' 25' West 11.651 meters to the beginning of a curve concave northerly and having a radius of 22.250 meters; thence westerly along said curve 4.382 meter~ through a central angle of 110 17' 00"; thence South 890 52' 25" West 16.495 meters; thence South 470.08, 33" West 10.816 meters to the westerly line of said Lot 1; thence along said west line North 010 20' 44" East 6.378 meters to the true point of beginning. Containing an area of 196.2 square meters, more or less. All as shown on Exhibit 'B" attached hereto and made'a part thereof. Prepared under the supervision of: LS 5683' ~ '9/30/03 Resolution No. 2003~026 Page 9 of 10 Resolution No. 2003-026 Page 10 of'f0 · - ITl ITl Z ...-t I !