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Home My WebLink About2003-092 - Acquisition of Certain Real Property Locate at 800 S. GrandRESOLUTION NO. 2003- 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 (RUSSELL, LOCATED AT 800 S. GRAND) 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 November 17, 2003, 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 that is most compatible with the greatest public good and the least private injury; Whether the property proposed to be acquired is necessary for the Project; Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the Resolution No. 2003-092 Page I of 11 proposed project has been adequately evaluated in the previously prepared Grand Avenue Rehabilitation and Widening Project Mitigated Negative Declaration 2002-382. 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. Pursuant to Title XlV, 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 Title XIV, 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 800 S. Grand Avenue in the City of Santa Aha, California consisting of approximately 1400.11 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 2000 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 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 rehabilitation and widening of Grand Avenue Rehabilitation and Widening Project ("the Project") and related improvements. The location of the Project is at Grand Avenue and Wakeham Avenue. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks in a manner that 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 §41-781; California Code of Civil Procedure sections 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, 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 February 11,2003. 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 Resolution No. 2003-092 Page 2 of 11 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 Aha, 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 The Property 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 17th day of Novembe(, 2003. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Jose Sando~al "~ ' Senibr Assi§tant City Attorney Resolution No, 2003-092 Page 3 of 11 AYES: Councilmembers: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Franklin (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-092 to be the original resolution adopted by the City Council of the City of Santa Ana on November 17, 2003. Clerk of the Council City of Santa Aha Resolution No. 2003-092 Page 4 of 11 WAKEHAM AVE City Agenda Dale EXHIBIT 1 PUBLIC HE~ - CONDEMNATION OF RU~,,,....~ELL PROPEFiTY LOCATED AT BOO AND 820 ~;~)UTH GRAND AVENUE ,,,. IPBOJE-CT 1755) Resolution No. 2003-092 Page 5 of 11 HUIIT-ZOLIARS', 10-0796-0B (A) LEGAL DESCRIPTION Ora-uSe, State of C~.liforaia, ~s shov~ on the m~p filed in Book 119, P~.g~ 14 ~md 15 of MiscellaneoUs Maps, in the office of the County Recorder of said County. ContaS'daS ~u ~re~. o f 0.032 acrcsl more or loss. ' Subj66t tb'~bv~nar~is'; cohdition~/reservations, xestr[ctions, fights'of way and easemonts/., if any, o£record. ... ' / 3'A_MES L~ GAKVIiq, PLS 6343 Resolution No. 2003-092 Page 6 of 11 ?PACT LEGEND, {XXX) RECORD DATA PER TR. IVO. J416, M.M. 119/I4-1,5 · ' - J LOT ~ I HUITI--ZOLIARS V.._~ WAK£HAM AVENUE SKETCH TO ACCOMPANY A LEGAL DESCRIP~ON · RIGHT. OF'wAy GRAND A VENUE Resolution No. 2003-092 Page 7 of 11 ~igx~e lqame: LOT 5, TR. IxlO. 3416, I~i.M. 119/14-15 ~o~:2215954.2349 ~t:6075136.16B~ Co~se: S ~-04-17 W D~s~: 200.02. ~o~:2215754.2551 ~t:6075132,4192 Co~se: N ~9-55-33 W Dis~cd: 7.00 . North: 2215754.2642 :. Course: lq 01-04-27 E · 'North: 221~§54.2440 · . Course: S ~g9-55-33 E lqo~h: 2215954,2349 PcbSnaeter: 414,03 Fast: 6075125.4181 Distance: 200.02 F_~t: 6075129.1677 Distmace: 7.00 E~t: 6075136.1655 Area: I/$00.11 0.032 ~cres Mathematical Closure - (Uses Survey Units) Error of Closure: 0,Q00 C~s¢: $ 90-00-00 E 'Freeision 1:414032~32,59 ................... Resolution No. 2003-092 Page 8 of 11 'HUiTF7OLLAI:LS 10-0796-08 (A) ll-05-0l LEGAL DESCtLI~TION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 011-262-01 Th~ Westerly 10.00 feet of the Easterly 17.00 feet of Lot $ of Tract No. 3416, in the City of Santa kg..a, County of Orange, State of California, as shown on the map filed in Book 119, Pages 14 and 15 of Miscellaneous Maps, in the office of the County Recorder of said County. "Subject to 'cdq'6n~'t%' cohditloris; r~rvations; restr{¢t[or~, fights of way and-easement%: ......... i/any, of record. . Resolution No. 2003-092 Page 9 of 11 ........... /.LO?.4... :1 .............. ' /-$'~Y UNE LOT I ~, ~o. J41~ (XXX) RECORD DATA j ~a~.5~,~.~ '~ ~0. o~' PER~,NO. ~'~' ~'~' '~/'~-'~ [ LOT ~ WAKEHAM A VENUE HUITF- 7.0LL RS 430 E. xche,.n~e, n~u~t== 2.00, Ir'v~e, CA $2602-1309 Ch4) ~ SKETCH TO ACCOMPANY A LEGAL D£SCRIP~70N TEMPORARY .. OON,~ TRUCTION EASEMENT (A,P. NO, 011-2~2&01) Resolution No. 2003-092 Page 10 of 11 L£~ Coq=aa: $ 01-04-27 W North: Lin~ Cc~r3e: Il ~1-04-27 E Norge. 2215954.2440 NO~h: Eas:: 6075119.!K~2 Leag;h: ~a~=: 6075129.15~2 £~co~ ClOse=et 0.0000 Co~:~¢= $ 93=00-00 ~ E~=O= E~ch: 0.00000 Ea~: 0.0C000 Resolution No. 2003-092 Page 11 of 11