HomeMy WebLinkAbout2006-018 - Acquisition of Certain Real Property Located at 1300 West Walnut and 202 S. Bristol Street
RESOLUTION NO. 2006-018
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 LOCATED AT 1300 WEST WALNUT AND 202 S. BRISTOL
STREET (APN 007-212-28 & 29)
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 April 3, 2006, 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;
B. Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the property proposed to be acquired is necessary for the project;
D 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 statemenVsummary were in a form and
contained all of the factual information required by Government Code
section 7267.2(a);
E. 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
F. 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 malter, and in accordance with the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the
proposed project has been adequately evaluated in the previously prepared Environmental
Impact Report I Environmental Impact Statement EIR NO.89-01. 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.
Resolution No. 2006-018
Page 1 of 4
Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(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 9711.2 and
Title XIV, CCR 9 735.5(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 1300 WEST WALNUT and 202 S. BRISTOL STREET (APN 007-
212-28 & 29) in the City of Santa Ana, California consisting of approximately 4,147
square foot of property to be acquired in fee title (for right of way purposes), together
with approximately 890 square feet of property for a six (6) month temporary
construction easement (collectively referred to as "the Restaurant Property"). The
Restaurant 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
described in Section 3 above for the purposes of the Bristol Corridor Specific Plan
Project ("the Project") and related improvements. The location of the Project is between
Pine Street and Third Street for the widening of Bristol Street. Included in the project
will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and
raised median 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 described in Section 3
above 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 941-781; California Code of Civil Procedure section 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 offer required by Government Code section 7267.2 were made
to the appropriate party or parties with respect to the Restaurant Property on or about
August 3, 2005.
Section 7. Excepting the portion of the Property described in Section 3 above
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 described in Section 3
above.
Resolution No. 2006-018
Page 2 of 4
Section 8. That if any of the Property described in Section 3 above 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 described in Section 3 above 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 described in Section 3 above. 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 April, 2006.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
e Sandoval
enior Assistant City Attorney
Resolution No. 2006-018
Page 3 of 4
AYES:
Councilmembers: Alvarez. Bis!. Bustamante. Christv. Garcia. Pulido.
Solorio (7)
NOES:
ABSTAIN:
Councilmembers: None (0)
Councilmembers: None (0)
NOT PRESENT: Councilmembers: 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. 2006-018 to be the original resolution adopted by the City
Council of the City of Santa Ana on April 3. 2006.
Date: c~n~ r.trNc.iiJJ
~~\CR. ~
lJl Patricia E. Healy
, . Clerk of the Council
Resolution No. 2006-018
Page 4 of 4
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, FEE PARCEL
LEGAL DESCRIPTION
A.P. NO. 007-212-28 & 29
T\1Ose portions of Lot 1 of Tract No. 999 in the City of Santa, Ana, County of
Orange, State of California, as shown' on the map recorded in Book '33, Page 10
of Miscelfanegus Maps, in the office of the County Recorder of said County
described as follows: '
111,e Fa~t.45.00 fee~ ofilie North 14~.00 {e~t.o( ,sa(d ,l,ot). m~:>l,Ife~ aI9!l~ the
East and W~t lines of said Lot 1.
The South 6.50 feet of the North'12.00 feet of the East 99.00 feet; except the'
East 45..00 feet of said Lot 1.
Togethetwith the following described portion of said Lot 1:
BElQinning ata point on a line parallel With and distant 42.00 feet southerly. frortl
the centerline of Walnut Street as sHown on said map, said poil)t being distant
South 89034'24" West 10.00 feet from the westerly line of the 1=ast 45;QOfeetof'
said lot 1; thence North 89034'24" East along saldparaJlelline t6 said westerly
line; thence South 001-1'00" East 10.00 feet along said westerly line; thence North
'-' 45018'18" West 14.11 feet to the point of beginning. .'
Except those portions previously dedi98,ted for street purposes.
Co~taining an area of 4,147 square feet, more or lel?s.
All as shown on exhibit attached hereto and made a part hereof.
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TEMPORARY CONSTRUCTION EASEMENT PARCEL
LEGAL DESCRIPTION
AP. NO. 007-212-28 & 29
That portion of Lot 1 of Tract No. 999 in the City of Santa Ana, County of Orange,
State of Califomia, as shown on the map recorded in Book 33, Page 10 of
Miscellaneous Maps, in the office of the County Recorder of said County; being a
strip of land, 5.00 feet in width, the Easterly, Northeasterly and Northerly line of
said strip being described as follows: .
Beginning the intersection of the Southerly Line ofthe North 145.00 feet
measured along the East and West lines of said Lot 1, and the Westerly line of
the East 45.00 feet of said Lot 1; thence North 00011'00" West along said'
Westerly line a distance of 123.00 feet; thence North 45018'18" West 14.11 feet
to the Southerly line of the North 12.00 feet of said Lot 1; thence South 89034'24"
West along 'second said Southerly line a distance of 44.00 feet to the We~terly
line of the Easl 99.00 feet of said Lot 1. .
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The Westerly and Southerly line of said strip of land to be lengthened or
shortened so as to originate in said Southerly line of the North 145.00 feet
measured along the East and West lines of said Lot 1 and to terminate in said
Westerly Line of the Eas199.00 feet of said Lot 1. '
Containing an area of 890 square feet, more or less.
All as shownon exhibit attached hereto and made a part hereof.
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