HomeMy WebLinkAbout97-038 - Certain Real Property at 1622 South Bristol Street·. 295
RESOLUTION NO. 97-93--8
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
CERTAIN REAL PROPERTY AT 1622 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 Avenue and
St. Andrew Place Avenue ("the proposed project").
2. The City of Santa Ana is authorized to acquire the
property by eminent domain by Section 4090 of the Streets and
Highway Code of the State of California and by sections 37350.5
and 40404 of the Government Code of the State of California.
296
RESOLUTION NO 97~38
PAGE TWO
3. The property to be taken is located at 1622 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 mad 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 Aha, 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.
/
297
RESOLUTION 97-098
PAGE THREE
ADOPTED this
4th
day of AuqHst , 1993.
L M. POLIDO
ATTEST:
~CLERK OF THE COUNCTL/
COUNCILMEMBERS:
PULIDO Aye
RICHARDSON Aye
ESPINOZA Absent
FRANKLIN Ave
LUTZ Ave
MCGUIGAN Aye
MORENO Nay
APPROVED AS TO FORM:
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
~ '~ ---O_~ oc/ to be the original resolution adopted by the City Council of the City of Santa Aha
Date:
298 RESOLUTION 97-038
ASPHALT
PARKING
LOT
LANDSCAPE
~ · 223.37'
BRISTOL STREST
555.03'
1622 S. BRISTOL ~1".
APe 408-283-33
R SOLUTIO 97-038 Z99
LEGAL DESCRIPT'~ )N
PARCEL 1:
AN EASEMENT FOR PUBLIC LANDSCAPE PURPOSES OVER THE WESTERLY 15.00
FEET OF THE EASTERLY 95.00 FEET; AND,
PARCEL 2:
THE WESTERLY 30.00 FEET OF THE EASTERLY 80.00 FEET;
BOTH OF THE FOLLOWING DESCRIBED LAND:
PARCEL A:
THE EASTERLY 605.0 FEET, MEASURED ALONG THE SOUTHERLY LINE OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED
TO F. W. KOLL AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE
P~ANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968
IN "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH
JUDICIAL DISTRICT IN AN FOR LOS ANGELES, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION, DISTANT
SOUTHERLY 62.00 FEET FROM THE NORTHEAST CORNER OF THE SOUTH ~A_LF OF
THE SOUTH HALF OF SAID NORTHEAST QUARTER; THENCE WESTERLY 974.16
FEET TO A POINT DISTANT SOUTHERLY 62.53 FEET FROM THE NORTHERLY
LINE OF SAID SOUTH HALF OF THE SOUTHHALF OF THE NORTHEAST QUARTER;
THENCE SOUTHERLY 368.79 FEET PARALLEL WITH THE EAST LINE OF SAID
SECTION TO THE NORTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN
DEED TO OTHAL P. STAPP AND WIFE, RECORDED JANUARY 30, 1942 IN BOOK
1134, PAGE 318 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF SAID
NORTHEAST QUARTER; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE
POINT OF BEGINNINGI
EXCEPTING FROM SAID EASTERLY 605.03 FEET THAT PORTION THEREOF LYING
SOUTHERLY OF THE NORTHERLY LINE OF THE FOLLOWING LAND:
BEGINNING AT A POINT IN THE EASTERLY LINE OF THE NORTHEAST QUARTER
OF SAID SECTION, SAID POINT BEING DISTANCE SOUTHERLY 215.13 FEET
FROM THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF SAID SECTION; THENCE WESTERLY 974.16 FEET
TO A POINT DISTANT SOUTHERLY 215.66 FEET FROM THE NORTHERLY LINE CF
THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID
SECTION; THENCE SOUTHERLY 107.83 FEET; THENCE EASTERLY 974.16 FEET
TO A POINT IN THE EASTERLY LINE OF SAID SECTION, 107.57 FEET
SOUTHERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
EASTERLY LINE OF SAID SECTION 107.57 FEET TO THE POINT OF
BEGINNING.
EXHIBIT B
PAGE 1 OF 2
300 RESOLUTION 97-038
P/tRCEL B:
PARCEL Bi: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND
ALLOTTED TO F. W. KOLL IN DECREE OF PARTITION OF THE RA/qCHO
SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH
JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH
HALF OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY 62.00 FEET TO THE
NORTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 5 OF A DEED TO
BRISTOL STREET BAPTIST CHURCH OF SANTA ANA, CALIFORNIA, RECORDED
SEPTEMBER 9, 1960 IN BOOK 5409, PAGE 234 OF OFFICIAL RECORDS;
THENCE WESTERLY 974.16 FEET ALONG THE NORTH LINE OF THE LAND
DESCRIBED IN SAID PARCEL 5 TO THE NORTHWESTERLY CORNER THEREOF,
SAID CORNER BEING SOUTHERLY 62.53 FEET FROM THE NORTH LINE OF SAID
SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID
SECTION; THENCE NORTHERLY 62.53 FEET, PARALLEL WITH THE EAST LINE
OF SAID SECTION TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID
NORTH LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF A LINE WHICH IS
PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER AND WHICH
WILL INTERSECT THE SOUTH LINE OF SAID NORTHEAST QUARTER AT A POINT
DISTANq~ WESTERLY 605.03 FEET FROM THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE LAND DESCRIBED
IN DEED TO IRA F. MC DANIEL AND WIFE, RECORDED FEBRUARY 3, 1944 IN
BOOK 1236, PAGE 60 OF OFFICIAL RECORDS.
PARCEL B2: THE SOUTH 8.25 FEET OF THE EAST 605.03 FEET OF THE
NORTH HALF OF THE SOUTHEAST QUARTER. OF THE NORTHEAST QUARTER OF
SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED
F. W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA
ANA, RECORDED IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE 17TH
JUDICIAL DISTRICT COURT OF CALIFORNIA.
EXHIBIT B
PAGE 2 OF 2