HomeMy WebLinkAbout96-021 - Acquisition by Eminet Domain of that Certain Real Property at 1442 South Bristol Street2/6/96
RESOLUTION NO. 96-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THAT
CERTAIN REAL PROPERTY AT 1442 SOUTH BRISTOL STREET, SANTA
ANA FOR STREET WIDENING PURPOSES AND AUTHORIZING AND
DIRECTING CONDEMNATION THEREOF.
WHEREAS, legal notice of intention to adopt a resolution
of necessity to acquire the herein described real property by
eminent domain was duly given by the City Council of the City of
Santa Ana pursuant to and in compliance with requirements of Code
of Civil Procedure Section 1245.235; and
WHEREAS, the city Council of the City of Santa Ana held
a public hearing on those matters specified in its notice of
intention to adopt a resolution of necessity and referred to in
Code of Civil Procedure Section 1240.030, which include the
following matters:
(a) Whether the public interest and necessity require
the proposed project,
(b) Whether the project is planned and located in the
manner that will be most compatible with the greatest public good
and the least private injury,
(c) Whether the property described herein is necessary
for the proposed project; and
(d) Whether the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SANTA ANA AS FOLLOWS:
1. The public use for which the property is to be taken
is the widening of Bristol Street between McFadden and
Edinger Avenues ("the proposed project").
2. The City of Santa Ana is authorized to acquire the
property by eminent domain by sections 37350.5
and 40404 of the Government Code of the State of California.
RESOLUTION NO 96- 021
PAGE TWO
3. The property to be taken is located at 1442 South Bristol
Street in the City of Santa Ana as shown on the map attached hereto
as Exhibit A and incorporated herein by reference and is more
specifically described in Exhibit B, attached hereto and
incorporated herein by reference.
4. The City Council of the City of Santa Ana finds and
determines as follows:
(a) The public interest and necessity require the
proposed project.
(b) The proposed project is planned or located in
the manner that will be most compatible with the greatest
public good and the least private injury.
(c) The above-described property is necessary for
the proposed project.
(d) The offer required by section 7267.2 of the
Government Code of the State of California has been made to the
owners of record of the above-described property.
5. The City Attorney of the City of Santa Ana is hereby
directed to bring action in the Superior Court of the State of
California in the name of the City of Santa Ana, to acquire by
eminent domain proceedings, the fee simple estate in said real
property for the aforesaid purposes. The City Attorney is
authorized and instructed to do all things necessary for the
acquisition of said real property including the making of
application to said court for an order fixing the amount of
security by way of money deposit as said court may direct and for
an order permitting the City of Santa Ana to take possession and
use of said real property for the uses and purposes herein
described.
RESOLUTION NO. 96-021
PAGE THREE
ADOPTED this
4th day of Harch , 1996.
ATTEST:
/J~xce c. Guy / f /
~Clerk of the Coundti~
COUNCILMEMBERS:
PULIDO
RICHARDSON
ESPINOZA
LUTZ
McGUIGAN
MILLS
MORENO
Ave APPROVED AS TO FORM:
Aye
Aye ~/ ~ ~J
..Aye
Aye
Aye ~../Edward J. Cooper /
Aye ~City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~, -Odz [ to be the original resolution adopted by the City Council of the
City of Santa Aha on ~/~
~,,// Clerk of the Council ~
City of Santa Ana '--¥
446
1442 S. BRISTOL STREET
APN: 109-266-18
EXHIBIT A
212.01'
MULTI-TENANT RETAIL BUILDING
MULTI-TENAI~T
RETAIL
BUILDING
PARKING
I
I
i
t
i
187.0]'
EDINGER AVENUE
1 "-40'
EXHIBIT B
Ail that certain real property situated in the State of California,
County of Orange, city of Santa Ana, described as follows:
Parcel 1:
That portion of Block "J" of the Revised Plat of the West Tract as
shown on that certain map recorded in Book 1, page 31 of
Miscellaneous Maps, records of said Orange County, lying easterly
and southerly of the following described line:
Commencing at the Southeast corner of Lot 5 of the Subdivision of
part of the Ascension Sepulveda De Mott Tract as surveyed by E.R.
Nicholes on February 10, 1874 and shown on a map recorded in Book
31, page 197 of Deeds, records of Los Angeles County, California,
said southeast corner being the intersection of the center line of
Bristol Street with the center line of Edinger Street; thence North
along the center line of Bristol Street 332.50 feet to a point in
the easterly extension of the Northerly line of Lot 4 of "The West
Tract", as shown on a map recorded in Book 31, page 21 of
Miscellaneous Records of Los Angeles County, California; thence
westerly along said extended line and the Northerly line of said
lot 4, 60.00 feet to the True Point of Beginning; thence South 0°
27' 09" West 139.16 feet to the beginning of a tangent curve
concave to the Northeast and having a radius of 1,940.00 feet;
thence along said curve through a central angle of 3° 59' 18" an
arc distance of 135.04 feet; thence South 47° 20' 43" West 32.52
feet.
Parcel 2:
An easement for sidewalk and landscape purposes over that portion
of said land, lying Easterly of the following described land:
Commencing at the True Point of Beginning as described in the
hereinabove Parcel 1; thence continuing westerly along said
Northerly line of said Lot 4, 20.00 feet to the Point of Beginning;
Thence South 0°27' 09" West 139.16 feet to the beginning of a
tangent curve concave to the Northeast and having a radius of
1,940.00 feet; thence along said curve through a central angle of
3° 59' 18" an arc distance of 135.04 feet; thence South 47° 20' 43"
West 32.52 feet.