HomeMy WebLinkAbout2003-094 - Acquisirion of Certain Real Property Located Russell, Located at 820 S. GrandRESOLUTION NO. 2003-094
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 820 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. 2003-094
Page 1 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 820 S. Grand Avenue in the City of Santa Ana, State of
California, consisting of approximately 878.18 square foot of property to be acquired in
fee title (for right of way purposes), together with approximately 1111.87 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 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. 2003-094
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 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 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 November, 2003.
v Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Jose Sandoval \ ,
Seni(SV Assistant City Attorney
Resolution No. 2003-094
Page 3 of 11
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christy, Garcia, Pulido,
Solorio (6)
Councilmembers: None (0)
Councilmembers: None
Councilmembers:
Franklin (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No.. 2003-094 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 17, 2003.
Date:
City of Santa Ana
Resolution No. 2003-094
Page 4 of 11
i
WAKEHAM AVE
EX HIBIT 1
PUBtJC HE~ - CONDEMNATION OF
RUn,SELL P~ LOCATE~D AT
800 AND 820 8OUCH ~ AVENUE
N.T.S.
Resolution No. 2003-094
Page 5 of 11
":::: HUITIE7OLLAR ....
LEGAL DI!$CRIPTION
That p .o~t. io~ or ~t 11 of T~act N6~ 3416/{u the Eib' 6f Smsa ~g, County of O~g~,
Stat~ of Califo~a, as sho~m on ~e map fil~d in Book 119, P~es 14'~d I5 of
~cell~gs Maps, in ~ ofic~ of ~e County Recorder of said Coun~ d~cHb~d ~
follows:
B:glanlng it th: Northerly terminus of that certain course in the Easterly line ofs~d ~t
' ........ ' ' ' fi ~8~ ~ h~9~g'a b~dng ~fid dis~uce of"N 0'06~0" W 74.~6' "on s~d Tract No.- .........
3416; ~ence South 1"04'27" West 74.56 f~t along said ~terly Erie to th~
com:r of said ~ 11; ~eno~ learns ~aid E~t:rly lin~ Noah ~9~55'33" We~t 7.00 feet
~long lh~ So~t~,:O lin~ of said ~t 11 to a IN~ b~g p~all~l w[~ ~6 7.00 f~et Westerly
of sald E~teO line; then~ l~v~g said $ou~'ly line No~ 1~04'27' Z~t 74.99 feet
along ~aid p~all~l lin~; ~en:* l~vlng aaid per,Icl lin: Ho~ 44~55't0'' %V~t 55.35 feet
h*o~t~ly line ~f~d ~t I1, ~he follow'ag co~s: 8~utb $9'5~'3]" ~t 6.99
to the be~alng of a cu~e concaw ~oulhwesterly havin~ a ~dlus of 25.00 feet, E~terly,
Sou~e~terly and Sou~erly 39.71 feet along s~id cu~ ~ou~ a cen~al maglz of
91~00'00" to ~= PO~T OF BEG~G.
/$A_~S L. G/O. VIN, PI.~ 6343
Containing aa area of 0.020 a:r~s, more or less.
Subject'to ....
if any, of record.
Resolution No. 2003-094
Page 6 of 11
..--~ WA M ,,4 VENUE
LEGEND,
(XXX) RECORD DATA ~Y u~E ~0~
GOURSE DA TA,
0 H 4 4',55'10'1¢ 35.35'
LOT 'i2
sK£rCH TO ACCOMPANY
· A LEGAL Dc~CRIPIION
RIGHT-OF-WA Y
GRAND A VENUE
Resolution No. 2003-094
Page 7 of 11
Figure Nar~,e: LOT 11, TR. NO. 34t6, M.M. 119!t 4-t5
North: 221556~.829~ E~t: 607512~.9425
Co~: S 0 ~-~-27 W D~s~ce: 74.56 ..
No~:2215494.2856 E~t:6075127.5448
Co.se: N 89-55-33 W Dh~ce: 7.00
~o~:2215494.2946 ~t:6075120.5437
Co~se: ~ 01-04-27 E ~¢~:~: 74,99
~o~h:2215569.2751 ~t:6075121.9496
Co~se: ~ 44-55-10 W g~s~.:e; 35,35
~o~:2215594,3071 E~t:60750~6,gS79
' Co~se: g 89-55-33 E ~ ' g~s~ee'. 6.99 ......
No~f2215594.2981 E~: 6075103.9792
~e ~n~: 39.7t Radius: 25.00 Del~: 91-00-00
T~geat~ 25,44 Cho~: 35,66 Ch Co~s~: $ 44-25-33 E
Co~se In: S 00-04-27 W Out: S 88-55-33 E
C~No~:2215569.298~ ~t:6075103,9469
· · End North: 2215568.8294 ...East: 6075 t28,9,425 .........
Per~meter: 238.60
A.rea: 878.18
0.020 ~cres
Error of Cios~e: 0.000
Precision I: 23860023.6.92
Course: S 90-00-00 E
Resolution No. 2003-094
Page 8 of 11
I0.0796-08 iA)
LEGAL DESCRS°TION
TEMPORARY CONSTRUCTION EAS EME*q'
A,P. I';'O, 011.262-13
That ~pon[on of Lot 11 of Ti'act No. 3415, in the City of Santa Aha, County of O:ange,
State of C~fomia, as sho~ on the m~p filed [n Book I19, Pages 14 ~d 15 of
Misc~l~cous Maps, ~ ~e o~ce of ~ County RecoVer of saM C~ty, being a s~p of
l~d, 10.00 feet in w[dth~ ~e E~terly ~d No~e~tefly I~es of ~aid ~tdp being
described ~ follows:
Com~enc~g at the No~hedy tem[nus of thzt ce~a[n course in [~= E~terly line efs~{d
~t 11 ~ho~m ~ having a being ~nd dist~cc of"N 0006'20" W 74.56'" on s~d Tract
No. 3416; thence South ~04'27" West 74.56 f~et along said East~ly l~e to t~e Sourest
comer of s~4 ~t 1 l; thence le~v[ng s~l~ E~terly line No~h 89*55'33" West TOO feet
a!oag ~e Southerly line o[~aid Lot l 1 to a line being p~allel wia~ md 7,00 f~t Westerly
of said E~terly line, said point behg ~e TR~ ~O~' OF BEG~G; thence
leaving s~d So~thedy~Hne No~h t'04'27" E~t 74.99 feet albng said p~allet line;
leav~g said p~allel line No~h 44'55'10" We~t 35.35 feet to I~e Northerly l~e
The Westerly and Southwe~teriy lines of said strip 9f l~nd to be lengthened or shortened
so a~ to origLnate in sald Southerly lLne of.Lot 11 and to. termlna:e in said Norfner!y line
of Lot 11. .......
Subject to co,,:enams, conditions, reservations, restrictions, rights of way and easgrnent$,
ifa.ny, ofrecord.
Resolution No. 2003-094
Page 9 of 11
LEGEND,
(XXX) RECORD DATA
PER TR. NO,
I
COURSE DATA~
O N44'55'~O'Yf 25,35'
Q N44'55'IO'Y~ 41.10'
LoT -]2
I
'1
SKETCH, TO ACCOMPANY
A LEGAL DESCRIPYION
EASEMENT
(A.P. HO, 011-262-13~
Resolution No. 2003-094
Page 10 of 11
Resolution No. 2003-094
Page 11 of 11