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Home My WebLink About2002-040 - Acquisition of Certain Real Property Located at 2314 E. Seventeenth StreetRESOLUTION NO. 2002-040 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 (DENNY'S LOCATED AT 2314 E. 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 May 6, 2002, 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 headngs 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 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 Page 1 of 10 Resolution No. 2002-040 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 headng, 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 2314 E. Seventeenth Street in the City of Santa Ana, California consisting of approximately 2875 square feet of property to be acquired in fee title (for right of way purposes), together with approximately 2001 square foot temporary construction easement (collectively referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of Califomia, 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 StreetJTustin Road Widening Project ("the Project") and related improvements. The location of the Project is Seventeenth Street between Tustin Avenue and SR55. This project will widen the intersection of Tustin Avenue and Seventeenth Street to provide dual left turn lanes in all directions, and right turn lanes on three legs of the intersection. In addition, the project will add a dedicated eastbound lane on Seventeenth Street connecting directly to the southbound SR-55 freeway on- ramp in a manner which will be most compatible to the greatest public good and the least private injury. 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, 1240.110, California Government Code sections 37350.5 and 40404, Streets and Highways Code sections 5100, 5101, 5101.5, and 5102, California Government Code section 23530.5, California Streets & Highways Code sections 943 and 1810, 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 January 30, 2002. 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. Page 2 of 10 Resolution No. 2002-040 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 3 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 6th day of May, 2002. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:/~ ~e.-Sandoval ~ Senior Assistant City Attorney Page 3 of 10 Resolution No. 2002-040 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez. Bist. Chdstv. Franklin. McGuiaan. Pulido. Solodo (7) None (0) None (0) None (0) CERTIFICATE Of ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-040 to be the original resolution adopted by the City Council of the City of Santa Ana on May 6. 2002. Date: City of Santa Ana Page 4 of 10 Resolution No. 2002-040 - EXHIBIT A Page 5 of 10 Resolution No. 2002-040 HLII'1-1--7_OLLAP 10-0796-0 i(A) ] 0.04.00 LEOAL DESCRIPTION A. P~ NO. 400-211-06 That portion of Parcel i, in the City of Santa Pa~a, County of Orange. State of California, as shown on the map filed in Book 92, Page 34 of Pamet Maps, in the office of the County Recorder of said County, described as follows: Begirming al tl/e Northeast corner of saint P~rcel l; thence South 0°28'53" We~t 15.74 feet along the Easterly line of said Parcel 1; thence leaving said Easterly line North 87°38'17'' West 200.14 feet to the Westerly line of said Parcel 1; thence North 0028'53" East 12.79 feet along said Westerly line to the Northwest comer of ~ald Parcel 1; thence leaving said Westerly line South 88°28'55" East 200.06 feet along the Northerly tine of said parcel 1 to the point of begirming. Containing an area of 0.066 acres, more of less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. /J'AMES L. GARVIN, LS 6343 Page 6 of 10 Resolution No. 2002-040 \_ \~. ~, _ f //,.-.-~ 17TH STREET '~ P.O.~. 0.~6 ACRES N[y ~E P~L tJ SKETCH TO ACC~P~Y ,~-z~,~ 17TH STREET t~ R~ ~ Av~, T~ CA ~ ~ A.P. NO. ~ ........ ~o-~.~_ 400-211'06 Page 7 of 10 Resolution No. 2002~040 HUFFF-ZOLLARS t 0-0796-01 (A) ]0-04-00 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A, P. NO. 400-211-06 That portion of Parcel 1, in the City of $~ta Al~a; County of Orange, State of California, as shown on the map filed in Book 92, Page 34 of Parcel Maps, in the office of the County Recorder of said County, being a suip of land, 10,00 feet in width, the Northerly line of said strip being dascfibad as follows: Commencing at the Northeast comer of said Parcel 1; thence South 0°28'53" West 15.74 feet along the Easterly line of said Parcel I to the TRUE POINT OF BEOIICNfNO; thence leaving said Easterly lind North S7'38'17" West 200;14 feet to the Westerly lin~ of said Parcel 1. The Southerly line of said strip to be len~hened or sb, ortened so as to originate in said Easterly line of Parcel 1 and to terminate in said Westerly line of Parcel 1. Subject to covenants, condltions~ reservations, restrictions, rights of way and easements, if any, of record. ./~AMES L. (]ARVIN, LS 6343 Page 8 of 10 Resolution No. 2002-040 N88'28'55"I,V A.P. NO. 400'21I'05 o/ r" r':". ?/~?C£'/_, :/ ~-_ ~ 17~1-1 STREET SKETCH TO ACCOMPANY LEGAL DESCRIPTION TEMPORARY Page 9 of 10 Resolution No. 2002-040 EXIST. STREET CURB DENNY$ AP 400-211-6 ~PROPOSED ACQUISITION AREA Page 10 of 10 Resolution No, 2002-0~,0