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HomeMy WebLinkAbout2000-007 - Finding and Determining that the Public Interest, Convenience and Necessity23 RESOLUTION NO. 2000-007 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 (PORTION OF 1180 AND 1204 SOUTH BRISTOL STREET) WHEREAS, the City Council of the City of Santa Ana on February 7, 2000, after wdtten notice 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; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; and (c) project. Whether the property proposed to be acquired is necessary for the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. 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 Aha of all interests in a portion of that certain real property located at 1180 and 1204 South Bdstol Street in the City of Santa Ana, California consisting of approximately 1,600 square feet in fee and 2,700 square foot in easement ("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. 2.a. 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 Bristol Corridor Widening Project ('1he Project") and related improvements. The current phase of the Project entails widening Bristol Street between MacFadden Boulevard and Saint Andrews, together with associated sidewalk improvements. The location of the Project is planned in a manner which will be most compatible to the greatest public good and the least private injury. Providing these improvements will significantly improve the vehicular Resolution No. 2000-007 Page 1 of 4 24 traffic-carrying capacity and movement efficiency for this heavily traveled arterial. The added capacity this phase of the Project is to provide will greatly aid traffic circulation by reducing congestion and delay and accommodating projected future traffic increases. The Project will also enhance the aesthetic appearance of this Bristol Street by many design features including raised medians, additional landscaping both in front and behind the sidewalk, as further described in the Bristol Street Specific Plan which is incorporated herein by this reference as though fully set forth. b. 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, California Code of Civil Procedure section 1240.010, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 4090, 5100, 5101, 5101.5, and 5102,, California Government Code section 23530.5, California Streets & Highways Code sections 943 and 4090(b), and other applicable law. 3. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about October 1, 1999. 4. 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. 5. 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. 6. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 1 hereof. 7. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. 8. The City Attomey 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. ADOPTED this 7th day of February, 2000. Resolution No, 2000-007 Page 2 of 4 25 ATTEST: E. Healy ~ , Clerk of th~ Council COUNCILMEMBERS: Pulido Aye Lutz Aye Bist aye Christy Aye Franklin Aye McGuigan Aye Moreno Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney B_ e~j _a~?~ Kau~ma~ C~nieEAssistant C'~ty Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-007 to be the original resolution adopted by the City Council of the City of Santa Aha on February 7, 2000. City of Santa Ana Resolution No. 2000-007 Page 3 of 4 26 EXHIBIT A (Description of Subject Property) Parcel 1: The Eastedy 15.00 feet of the South 135.00 feet of the Northerly 796.00 feet of the East 462.00 feet of Block I of the Revised Plat of the West Tract, as shown on a Map, recorded in Book 1, Page 13 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Southerly 85.00 feet thereof. Parcel 2: An easement for landscape purposes over, under, through and to the West 20.00 feet of the Eastedy 35.00 feet of the South 135.00 feet of the Northerly 796.00 feet of the East 462.00 feet of Block I of the Revised Plat of the West Tract as shown on a map, recorded in Book 1, page 13 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Southerly 85.00 feet thereof. Parcel 3 The Westedy 10.00 feet of the Eastedy 15.00 feet of the South 135.00 feet of the Northerly 796.00 feet of the East 462.00 feet of Block I of the Revised Plat of the West Tract, as shown on a map, recorded in Book 1, page 13 of Miscellaneous Maps, records of Orange County, Califomia. Excepting therefrom the Northerly 50.00 feet thereof. Parcel 4: An easement for landscape purposes over, under, through and to the West 20.00 feet of the Eastedy 35.00 feet of the South 135.00 feet of the Northerly 796.00 feet of the East 462.00 feet of Block I of the Revised Plat of the West Tract, as shown on a map, recorded in Book 1, page 13 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the Northerly 50.00 feet thereof. Resolution No. 2000-007 Page 4 of 4