The URL can be used to link to this page

Home My WebLink About2001-091 - Acquisition of Certain Real Property Located 2137. 2205, 2211, and 2217 East Seventeenth Streetbk: 12/03/01 RESOLUTION NO. 2001-091 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 2137, 2205, 2211 AND 2217 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; Bo 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 California 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 faidy 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. 2001-091 Page 1 of 12 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 2137, 2205, 2211 and 2217 East Seventeenth Street in the City of Santa ^na, California situated in the City of Santa Ana, County of Orange, State of California, 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. The approximate size of the property to be acquired, some of which will be in acquired in fee and for some of which only a temporary construction easement ("TCE") will be acquired, is as follows: AP Number Common Name 396-311-06 Mobil Station 396-311-06 Mobil Station 396-311-10 Azteca Grill 396-311-10 Azteca Grill 396-311-09 Parking Lot 396-311-09 Parking Lot 396-311-08 Fox Photo 396-311-08 Fox Photo Type of Acquisition Approx. Size Fee 1,530 sq. ft. TCE 1,697 sq. ft. Fee 619 sq. ft. TCE 773 sq. ft. Fee 474 sq. ft. TCE 630 sq. ft. Fee 355 sq. ft. TCE 857 sq. ft. 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 Project will also enhance the aesthetic appearance of this portion of Seventeenth Street in that in the after condition the Property will have more of a landscaped front setback. 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 Ana Municipal Code §41-78; California Code of Civil Procedure section 1240.010, California Resolution No. 2001-091 Page2 of 12 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 lawo 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 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 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. S~ction 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 3r._~.d day of December, 2001. Patricia A. McGuigan, Mayo~,Pro T~m for Miguel A. Pulido, Mayor\ Resolution No. 2001-091 Page 3 of 12 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney //~h~ff Assistafit Gity Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Solorio (6) None (0) None (0) Pulido (1) Christy, Franklin, McGui.qan, CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2001-091 to be the original resolution adopted by the City Council of the City of Santa Ana on December 3, 2001. .~. Date: ~-- ~)/ ~~' Clerk of the Council City of Santa Ana Resolution No. 2001-091 Page 4 of 12 · ' HUITI--7QLLARS ATTACHMENT 3B H.,J~tt.Z~lat s. I~c. I t$I01 Red H~ti Avenue I Tus[~. Cal~l~n;a 92780-~5~0 / Ph~e (714) 2S9-79001 Fax t7 i4) 259,,0210 I 0-079~-01 (A) 07-20-00 LEGAL DESCP~PTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 396-311-08 That portion of Parcel 1, in the City of Santa Aaa, County of Orange, State of California, as shown on the mal~ filed in Book 60, page 49 of Parcel Maps, in the office of the County Recorder ofsald County being a strip of land I0.00 feet in width, the Southerly, Southwesterly and Westerly line of said strip being described as follows: Commencing at the Southeast comer of Parcel 2 of said Parcel Map; thence North 1°14'39'' East 8.00 feet along the Easterly line of said Parcel 2 to a line p~rallel with and 8.00 feet Northerly of the Southerly line of said Parcel 2; thence leaving said Easterly line along said parallel line North $8°45'21" West 11.42 feet; thence leaving said parallel line South $9°$7'12" West $1.59 feet to the Easterly line of said Parcel 1 and the TRUE POINT OF BEOINNINO; thence Sduth $7°$4'09" West 55.15 feet to the beginning ora curve concave Northeasterly having a radius of 23.00 feet, the Northerly terminus of said curve being tangent with the Westerly line of said Parcel l; thence Westerly, Northwesterly and Northerly 37.33 feet along said curve through a central angle of 92°59'10" to said Westerly line of Parcel I. The Northerly line of said strip of land to be lengt_hened or shortened so as to originate in said Easterly line of Parcel 1. Subject to covenants, conditions, reservations, restrictions, fights of way and ~ase;nents, if may, of record. NO. 6343 EXR 12/31/2002 Resolution No. 2001-091 Page 5 of 12 ATTACHMENT 3 BI I/_~ I I I ~. A.P. NO. $98'$iI-08 L~ 17TH STREET '- HUITF-ZOLLARS H~'ff-Zola.,'e, Inc. 15101 Rod H,I Aven~e, Tue'dr~ CA 02780 ,~"o~2R~Ao~t~ ~ 2001.-,091 Page 6 SKETCH TO ACCOMPANY LEGAL -DESCRIP170N TEM P 0 R A R Y CONSTRUCTION EA,qF,,MENT EXHIBIT A · ' HUIT1--7OL ATTACHMENT 3B 10-0796.01(A) 07-20-00 LEGAL DESCKIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 396-311-08 That portion of Parcel 1, in the City of Santa Aha, County of Orange, State of California, as shown on the rnal5 filed in Book 60, page 49 of Pared Maps, in the office of the County Recorder of said County being a strip of land 10.00 feet in ~55dth, the Southerly, Southwesterly and Westerly line of said strip being described as follows: Commencing at the Southeast comer of Parcel 2 of said Parcel Map; thence North 1°14'39'' East 8.00 feet along the Easterly line of said Parcel 2 to a line parallel with and 8.00 feet Northerly of the Southerly line of said Parcel 2; thence leaving said Easterly line along said parallel line North 88°45'21" West 11.42 feet; thence leaving said parallel line South 89°57'12'' West 51.59 feet to the Easterly line of said Parcel 1 and the TRUE POINT OF BEGINNING; thence S6uth $7°54'09" West 55.15 feet to the beginning of a curve concave Northeasterly having a radius of 23.00 feet, the Northerly terminus of said curve being tangent with the Westerly line of said Parcel 1; thence Westerly, Northwesterly and Northerly 37.33 feet along said curve through a central angle of 92°59'10" to said Westerl7 line of Parcel 1. The Northerly line of said strip of land to be lengthened or shortened so as to originate in said Easterly line of Parcel 1. Subject to covenants, conditions, reservations, restrictions, fights of way and iase;nents, if any, of record. NO. 6343 EXP. 1213112002 Resolution No. 2001-091 Page 7 of 12 [ ATTACHMENT 3B~ \%1 % ~ . . . t , ?, O.C. ~NI74'Jg'E 2500' L' 39~'11' '6.84' ~S[Y UNE %(~ 17TH STREET HUITF-ZOLIARS Hutft-Zoll~ra, k'~c. 15101 Red I-~ Ave. m.~. TutU, ~ CA g2780 (7T4) 2.~7~,co ,~g'o~zlile~.Ql.~tj~n ~9. 2001:091 Page 8 o_f 12 SKETCH TO ACCOMPANY LEGAL -DESCRIPTION TEMPORARY CONSTRUCT/ON EA SF, MEN T HLIITF-7OLLAP,3 ATTACHMENT 3A 10-0796-01 07-20-00 LEGAL DESCRIPTION A.P. NO. 396-311-08 That portion of Parcel 1, in the City of Santa .Aaa, County of Orange, State of California, as sho~m on the map filed in Book 60, Page 49 of Parcel Maps, in the office of the County Recorder of said County described as follows: Commencing at the Southeast comer of Parcel 2 of said Parcel Map; thence North. 1°14'39" East $.00 feet along the Easterly line of said Parcel 2 to a line parallel with and 8.00 feet Northerly of the Southerly line of said Parcel 2; thence leaving said Easterly line along said parallel line Nor, h $8°45'21" West 11.42 feet; thence leaving said parallel line South g9°57'12' West 51.$9 feet to the Easterly_line of said Parcel 1 and the TRUE POINT OF BEGINNING; thence South g7°54'09'' West 55.15 feet to the beginning of a curve concave Northeasterly having a radius of 23.00 feet, the Northerly terminus of said curve being tangent with the Westerly line of said Parcel 1; thence Westerly, Northwesterly and Northerly 37.33 feet along said curve through a central angle of 92°59'10'' to said Westerly line of Parcel 1; thence along the Westerly, Southwesterly, Southerly and Easterly lines of said Parcel 1, the following courses: South 0°53'19'' West 1.60 feet to the begirming ora curve concave Northeasterly having a radius of 25.00 feet, Southerly, Southeasterly and Easterly 39.11 feet along said curve tkroug.h a central angle of 89°38'40'', South $$°45~21'' East 54.39 feet and Noah 1°14'39'' East 6.84 feet to the tree point of beginning. Containing an area of 0.00g acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. NO. 6343 EXP. 12[3112002 Resolution No. 2001-09t P~ge 9 of 12 I - ' ~ -~-I~IFJC~/. --/ ~ .~.1~ ,-..1. _IL! I ,,,., ~ I ---, '~ ~ LYo'~I L~" ~ ~1 ~ .,.%?~'~ .. ~ ,.~ Y' ) "~ ¥ ''~C ~ I/I- .u.u.~ ",,,J J . ~Sty U~£' 17TH 8 TREET ..... HUITF-ZOLIARS Hu~tt-Zol~ra, inc. 15101R~ Hi Avenue, Tu~,t~ ~ CA 92780 (714) 2~o-7~oo ~ al~esoJut~n Nd. 2001-091 / .... -Page 10 of 12 ~ '2- ~.o-2~x:o ATTACHMENT 3A~J SKETCH TO ACCOMPANY LEGAL .DESCRIP 170N 17TH STREET A.P. NO. 396-$11-08 EXHIBIT A H U ITF-ZOLLARS ATTACHMENT 3A HuRt. Zo~lats. Inc. 115101 Re~ Hill Avenue I rus:in. Calitetnla 9278~-6~ I Pncne (714) 259.79~31 Fax (714) 259-0~10 10-0796-01(A) 07-20-00 LEGAL DESCRIPTION A.P' NO. 396-311-08 That portion of Parcel 1, in the City of Santa Aha, County of Orange, State of California, as sho~m on the map filed in Book 60, Page 49 of' Parcel Maps, in the office of the County Recorder of'said County described as follows: Commencing at the Southeast comer of Parcel 2 of said Parcel Map; thence North. P14'39' East 8.00 feet along the Easterly line of'said Parcel 2 to a line parallel with and $.00 feet Northerly of the Southerly line of sald Parcel 2; thence leaving sa~d E~sterly line along said parallel line North .$$°45'21, West 11.42 feet; thence leaving said parallel line South $9°57'12" West 51.59 feet to the Easterly-line of' said Parcel 1 and the TRUE POINT OF BEGINNING; thence South 87°54'09" West 55.15 feet to the beginning of a curve concave Northeasterly having a radius of 23.00 feet, the Northerly terminus of said curve being tangent with the Westerly line of said Parcel 1; thence Westerly, Northwesterly and Northerly 37.33 feet along said curve through a central angle of 92°59'10' to said Westerly line of Parcel 1; thence along the Westerly, Southwesterly, Southerly and Easterly lines of.said Parcel 1, the following courses: South 0°53'19" West 1.60 feet to the beginning ora curve concave Northeasterly having a radius o£25.00 feet, Southerly, Southeasterly and Easterly 39.11 feet along said curve through a central angle of 89°38'40'', South $8°45~21'' East 54.39 feet and North 1°14'39'' East 6.84 feet to the true point of beginning. ' Containing an area of 0.00$ acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. NO. 6343 EXR 12/311200~ Resolution No. 2001-091 Pa~e 11 of 12 HUI-IT-ZOLIARS ,STREET ~.- $'L Y LINE' P, M,B. $0/49 ATTACHMENT '3A--] H~'tt -Zoilara, ~ R~:I HI Avonuo, TuSh, CA 92780 q~esolution No'. 2001-e91 .... Page 12 of 12 q SKETCH TO ACCOMPANY LEGAL .DESCRIP EON 17TH STREET A.P. NO. 896-,311-o8