HomeMy WebLinkAbout2003-037 - Acquisition of Certain Real Property Located on the Southwest Corner of Bristol Street and MacArthur BlvdRESOLUTION NO. 2003-037
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
(FLOOD CONTROL CHANNEL LOCATED ON THE
SOUTHWEST CORNER OF BRISTOL STREET AND
MACARTHUR BOULEVARD)
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 April 7, 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 statementJsummary 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 authorit~ to acquire the property by
eminent domain.
Resolution No. 2003-037
Page 1 of 8
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
at the hearings on this matter, determined that, as req[~ired pursuant to the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously
prepared Negative Declaration (ER 2003-45) 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 fairly 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, 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 the Southwest corner of MacArthur Boulevard and Bristol Street,
Santa Ana, California consisting of approximately 1027 square foot street easement and
1351 square foot temporary landscape 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" 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 completing the Bristol Street and MacArthur Boulevard
Intersection Project ("the Project") and related improvements. The location of the Project
is on Bristol Street and MacArthur Boulevard. 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 Ana Municipal
Code §41-781; California Code of Civil Procedure sections 1240.010, 1240.110,
Resolution No. 2003-037
Page 2 of 8
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 November 18, 2002 and a revised
offer on January 28, 2003.
Section 7. Excepting the portion of the Property for which the City will acquire
only a temporary landscape 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 previsions 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 7th day of April, 2003.
Resolution No. 2003-037
Page 3 of 8
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Jo~se Sandoval '
Senior Assistant City Attorney
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. 2003-037 to be the original resolution adopted by the City
Council of the City of Santa Ana on April 7, 2003.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2003-037
Page 4 of 8
· Attachment No] 1
LEGAJU DESCRIPTION
N CH~,NNEL
SA~NTA ANA GJ~RDE~ S
FACILITY NO.: F 02
PAltCEL lqO.. 2a5~
That potion of the Northeast Quarter of Section 35, ToW'nship 5 Sou;h, Range 10 West
in the City of Santa Aha, County of Orange, State of California in the land allotted to
fames McFadden as described in the final decree of partition of the Rancho Santiago de
S~,.nta Aha, which was entered, September .12,. 18.68 in Book "B", Page 4~(~ of 5udgments
of the District Co~.urt of the 17'a Judicial D~smct m and for Los Angeles County,
California, described in deed to the Orm'xge County Flood Control Dist~'qct (OCFCD),
Recorded December 15, 1960 in Book 5550, Page 123 of Official Records of Orange
County, California, included within a strip of land 11 .OQ feet wide the Northerly line of
said s~p of la.nd being described as follows:
Northerly line of Parcet 2, shov,'n on the map filed in Book: 40, Pages 5 mhd 6 of Parcel
Maps, in the office of the County Recorder of said County, as having a bem,-ing and
length of North 89° 03' 5 $" West, '74.47 feet, with the Southwesterly line of said portion
described in said Deed to OCFCD; thence Easterly ~long the EaSterly prolongation of
said certain course 93.35 feet to the Northeasterly tine of said portion described in said
Deed to OCFCD.
The Southerly line of said strip of lw.d 11.00 feet wide is to be prolonged and shortened
to terminate Westerly ia said Southwesterly line mid Easterly in said Northe~terly line
CONTAP~I'NG t027 SQ. FT. MOPE OR LESS
' E
SEE EXIqlBIT "B" ATTACI-LED AiNT~ BY ~FER_Ei'gCE NDkD A PART HEREOF.
Prepared by
Paragon Partners Ltd.
5762 BoNa Ave., Suite 201
Huntington Beach, CA 92649
'714-379-3376
~xmes lyf. Rushing Date
R.C.E. 28219 Exp. 3/31/06
Resolution No. 2003-037
Page 5 of 8
' Attach~nent No. ]2 ' :'
L.~'D S CA]?~ EAS~hfD.NT
LEG.AL DESCRIPTION
(Cc'. zxye Coun~ Ftoed Coa~'oI D~s~c,
~AC~' ~O,: ~ 02
P~CEL ~O.: 2z52
~s McFzddea ~ d~scnbed m ~e final d~cr~ of pm-atton of me R~ch0 S~ntmgo d~' ~.-.
S~u~s ~z, v:~jch v:~ ent~red~S~p~emb~r 127858 ~ Book'~",Pzg~ 410 of ~ud~n~
Czhfo~z, d~scnb~d i.. d..d to th. ~ge Co~[y tlood ConSol D[s~ct (OCFCD),
. ~¢com~aP~.embc~ D, 19o0 taboos. 5~0, Pz~c 12~
County, CzHfo~JZ described ~ follows:
f:¢~ Southcdy of tn~t certain co~s: m C~¢ No~n:fly I[n¢ of P~c~] 2, sho~n o~
·- ~ ' ,.' : "" " fcc,, ~nm
hz~inszbe~nn~tndleae~ofSoum89 0~ ~S E~s%74.47 ' ' " " ,' . ,- , r
sz]d ponlon d~scdbed in De~a to OCFCD; ~ence Easterly along s2[d ~zstcrly pcolonT~tioa of.
' ~' - ..... ' s~d pomoa d~scfibed ia D¢ed to
sz{d ~,.~4 lin:, 93.35 f~¢: to th~ ~o.,a.~,.,1} hne of ' '
No~mezstcd7 ha: o,
OCFCD; th:ace South 40~29'12" E~st ~long sz[d ' '
· - '- ta.ac¢ No,m 89~03'53'' West, 76.0t feet z!ong
me deed to OCFCD, 20.00 fee,, ' ' ' ~'
v,'tm szld first mentioned p~ral.¢t Ibc; C~¢nc¢ ' ~'
par2!l¢l v4th sam No~h¢ast~rly I{a: described in d¢ed to OCFCp; ¢¢ncc Sou~ 49e38'41
13~00 feet to z point ea s~[d Sou:hwes~erly lia¢ of the l~nd described Ln D:cd to OCFCD,
Nogh 40'29' 12" %'/es~ ~[ong sa[~ Soethw:s~cdy l{n:, 2135 f:¢t to th: po[n~
SEE E~q~II B' AZTACHED A~ BY ~P~FE~NQE~i~E AP~.T
576! Bolsz Ave., Su:x: 20!
Huadng~oa Bezcln, CA 92~49
F,.C.E. 2~2 [9
Dx'.::
Page 6 of 8
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Resolution No. 2003-037
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