HomeMy WebLinkAbout2001-092 - Acquisition of Certain Real Property Located 1601 North Tustin AvenueBK 12/03/01
RESOLUTION NO. 2001-092
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 1601 NORTH TUSTIN AVENUE)
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 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 adveree 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.
Pureuant 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, surreunding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Resolution No. 2001-092
Page 1 of 6
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 1601 North Tustin Avenue in the City of Santa Ana, Califomia
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
400-211-02 Shoe City
400-211-02 Shoe City
Type of Acquisition
Fee
TCE
Approx. Size
2,326 sq. ft.
4,674 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 Tustin Avenue in that in the after condition the
Property will retain a full 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
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 25, 2001 (as revised).
Resolution No. 2001-092
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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.
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 December, 2001.
Patricia A. McGuigan, May~ Prb Tem
for Miguel A. Pulido, Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
B e,l~ja~3~'n Kaufr~an
C~ief~Assistant ~ity Attorney
Resolution No. 2001-092
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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, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-092 to be the original resolution adopted by the City
Council of the City of Santa Aha on December 3, 2001.
Date: .,/~//'/~/
Clerk of the Council
City of Santa Ana
Resolution No. 2001-092
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PROP, R/W
ExIst,
/
---% ~ ~ -- ~ --~
{
P~ 408. 0.~.
SHOE Cl~
AP 400-2H-2
1601 TUSTIN AVENUE :.- '
I', h ,
~EM~ORAR, Y ¢
EASEMENT
(4,674 SF)
N89" 45'07"~
35. O0'
C1:A=18'11'46" L=36,62'
TEMPORARY CONSTRUCTION EASEMENT
R=115.O0' T=18.42'
? '
R=BS.00' T=13,49'
1601 TUSTIN AVE.
Resolution No. 2001-092
Page 5 of 6
ATTACHMENT 3B (2 OF 2)
P.O.B
57
89Z. F'G 59_~, u.R.
RE(:'E;. 8/12/i957
18'11'46';
110,00'
34.93'
17.62'
A = 18'1'56''~
R = 90,00'
L = 28,32'
T = 14.28'
TPO~ 17th. STREET
- N89'45'07"~1
...... "" OF "
t'~L~.LI~= BK 8056. P~ 408,
~CL).9/25/66
z
1801 TUSTIN AVENUE
A.P. NO. 400-211-02
18'11'46''
115.00'
36.52'
18.42'
/
L 26.75' /9/25/66
T 13.49' / ' .,
k~ 5.00' - N89°45'07"¥I
EXHIBIT B-1
SKETCH FOR REFERENCE ONLY
TO ACCOMPANY LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Resolution No. 2001-092
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