HomeMy WebLinkAbout2001-090 - Acquisition of Certain Real Property Located 2127 East Seventeenth Streetbk:12/03/01
RESOLUTION NO. 2001-090
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 2127 EAST SEVENTEENTH STREET)
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 December 3, 2001,
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; and
C. Whether the property proposed to be acquired is necessary for the project.
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 required pursuant to the Califomia
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously
prepared Negative Declaration (ER 99-135) 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 XIV, 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
Resolution No. 2001-090
Page 1 of 8
Title XlV, 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 2127 East Seventeenth Street in the City of Santa Ana,
California consisting of approximately 826 square feet of property to be acquired in fee
title (for right of way purposes), together with approximately 1,641 square foot
temporary construction 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 Seventeenth Street Widening Project ("the Project") and related
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 traffic-carrying capacity and
movement efficiency for this heavily traveled arterial. The added capacity the Project is
to provide will greatly aid traffic circulation by reducing congestion and delay and
accommodating projected future traffic increases.
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 Aha Municipal
Code §41-78; 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.
Section 6. The offers required by Government Code section 7267.2 were
made to the appropriate party or parties on or about September 27, 2000.
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 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.
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.
Resolution No. 2001-090
Page 2 of 8
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 1 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 3rd day of Decembe[, 2001.
Patricia A. McGuigan, May~,~ ProXTem
for Miguel A. Pulido, Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Be,~jar~ Kaufn~n
~ief ,~ssistant tCity Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist,
Solorio (6)
None (0)
None (0)
Pulido (1)
Christy, Franklin, McGui.qan,
Resolution No. 2001-090
Page 3 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-090 to be the original resolution adopted by the City
Council of the City of Santa Ana on December 3, 2001.
Date: /,~'/~/
Resolution No. 2001-090
Page 4 of 8
H LIITI--ZOLLAXS
ATTACHMENT 3A
10-0796-01(A)
0%03.00
LEGAL DESCILIPTION
A.P. NO. 396-321-12
That portion of Lot 16, Block A of the A.B. Chapman Tract, in the City of Santa Ann,
County of Orartge, State of C~lifomla, as shown On the m~ filed in Book 102, Page 15
of Miscellaneous trial, S, in the office of the County Recorder of said County described as
follows:
Com.,ncacing at thc intersection of a line being parallel with znd 50.00 feel Northerly of
the centeriinc of Seven~eeath St~et and a line being parallel with and $0.00 feet Westerly
of the eenteriine of Old Tus6n Avenue as said centerlines ~re shovm on the map as filed
in Book 36, Page 27 of Parcel Maps, ia.the office of sa~d.County Recorder; thence Noah.
88"45'21" 'West 18.00 feet along fiat said parallel line to the TRLT~ POt~T OF
BEGINNINO; thence continuing Noah 88°45'21'' West 150.00 feet along said parallel
line to a line being parallel v/th and 195.00 feet Westerly of said centefl/ne of Old Tustin
Avenue; thence North 0'53'19" .lF.~s~ 2.00 feet along last said parallel l/ne; thence leaving
said parallel line North 89'$7'03" East 140.43 feet; thence lqoah 45~5'15' East 32.81
feet; thence South 89°06'41" Fast 1.58 feet to said line belng parallel with and 30.00 feet
Westerly of the centeriine ofOtd Tustin Avenue; thence South 0"3Ylg" West.13."/1 feet
along last said parallel l/ne to the most Northerly comer of Parcel 1 of that cer[ain
property as described in the essement deed recorded May 28, 1958 in Book 41199, Page
392 of Official Records, in the office of said County Recorder; thence South 45°03'59'
West 21.15 feet al6ng the Northwesterly line of said Parcel 1 to the true po[nt of
begiuning.
Containing an area of0.019 acres, more or less.
Subject to covenants, conditions, reservations, restr[cti0ns, dghts of way and easements,
ifa,ny, of record.
/~A~Es L.~ARVIN, LS 6343
NO. ,5343
EXP. 12~,~ 112002
Resolution No. 2001-090
Page 5 of 8
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Resolution No. 2001-090
Page 6 of 8
HUllT- LLARS
ATTACHMENT 3B
1 o-0796-Ol (A)
07-03-00
LEGAL DES CP-.IPTION
TEMPORARY CONSTRUCTION EASEMENT
A. P. NO, 396-321-12
That potion of Lot 16, Block A of the A. B. Chapman Tract, in the Cit~ of Santa Ana,
County of Orang'e, State of California, as shovm on the map filed in Book 102, Page 15 of
Miscellaneous Maps, in the office of the County Recorder of said County being a strip of
land 10.00 feet in width, the Southerly and Southeasterly line of said strip baing described
a.s follows:
Commencing at the intersection of a line being p~allel with and 50:00 feet Northerly of
the centerline of Seventeenth Street and a line being parallel 'with and 30.00 feet Westerly
of the centedine of Old Tustin Avenue as said centerlines ate shown on the map as filed
ia Book 36, Page 27 of Parcel Maps, in the office of said County Recorder; thence North
gg°45'21" West 165.00 feet along f~t said parallel line to a line being p~allel with and
195.00 feet Westatly ~f said ccntetline of Old Tust[n Avenue; thence North 0°$ 3'19' Ea.~t
2.00 feet along lint sald parallel line to the TRUE POINT OF BEOINNING; thence
leaving said patallel line North g~$?03" East 140.43 feet; thence North 45~25'15'' E~t
32.81 feet; thence South 89~06'41" East 1.58 feet to said line being parallel with and
30.00 feet Westerly of the centerl[ne ofOId Tustln Avenue.
The Northerly a.nd Northwesterly line of said strip of land to be lengthened or shortened
so as to originate in said l~ne being parallel with a~'td 195.00 feet Westerly of the
centerline of Old Tustin Avenue and Io terrnlnate in a line bearing 1~Iorth 89°06'41" West
and p~slng through the point of term~ation ....
Subject to coven~,nts, conditions, reservations, restrictinns, rights of way and easements,
i~ any, of record.
Resolution No. 2001-090
Page 7 of 8
Resolution No. 2001-090
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