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HomeMy WebLinkAbout2016-027 - The Acquisition of Certain Real PropertyJXS/4/19/16 RESOLUTION NO. 2016- 027 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 1607 N. BRISTOL STREET (APN 405 - 252 -22) 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 19, 2016, after written notice duly provided to all those claiming ownership, including the owners of the properties 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 and whether said offer and statement /summary 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 matter, 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 /Environmental Impact Statement EIR No. 89 -01 and all Resolution No. 2016 -027 Page 1 of 5 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. 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. Section 3. 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 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 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the public interest and necessity require the proposed project and that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the certain real property located at 1607 N. BRISTOL STREET (APN 405 - 252 -22) in the City of Santa Ana, California ( "the "Property'). The City's construction of the Project will leave a portion of APN 405 - 252 -22 as a remnant parcel, and the City is acquiring that portion of APN 405 - 252 -22 as a remnant parcel, pursuant to Code of Civil Procedure section 1240.410. 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 5. 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 4 above, including any and all leaseholds and related improvements for the purposes of the Phase IIIB of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 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 §41-781; California Code of Civil Procedure section 1240.010, Resolution No. 2016 -027 Page 2 of 5 JXS/4/19/16 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about October 1, 2013, an updated offer on June 16, 2014 and an additional updated offer on November 16, 2015. Section 8. 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 4 above and a portion of the property will be acquired pursuant to Code of Civil Procedure section 1240.410. Section 9. That if any of the Property described in Section 4 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 10. Said Property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. 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 4 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 13. 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 May, 2016. Mayor Resolution No. 2016 -027 Page 3 of 5 APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Sandoval ief Assistant Ci Attorney AYES: Councilmembers: Amezcua Benavides, Pulido ReVna, Sarmiento NOES: Councilmembers: Martinez (1) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -027 to be the original resolution adopted by the City Council of the City of Santa Ana on May 3, 2016. Date: 51Z 2 1. (�f Resolution No. 2016 -027 Page 4 of 5 Clerk of the Council City of Santa Ana Exhibit A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "0" OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CORPORATION, IN THE CITY OF SANTA ANA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 6 ACRES OF A TRACT OF LAND DESCRIBED AS COMMENCING AT THE CORNER COMMON TO SECTIONS 1, 2, 11 AND 12, TOWNSHIP 5 SOUTH, RANGE W WEST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF SANTA ANA; RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 12, 10 CHAINS; THENCE EAST 10.59 CHAINS; THENCE NORTH 10 CHAINS; THENCE WEST 10.59 CHAINS TO THE POINT OF COMMENCEMENT, SAID POINT OF BEGINNING BEING A DISTANT 285.74 FEET, MORE OR LESS, SOUTHERLY FROM SAID CORNER COMMON TO SECTIONS 1, 2, 11 AND 12; RUNNING THENCE FROM SAID POINT OF BEGINNING EASTERLY ALONG THE NORTHERLY LINE OF SAID 6 ACRE TRACT 174.62 FEET; THENCE_ SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 12, 100 FEET; THENCE WESTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID 6 -ACRE TRACT, 174.62 FEET TO THE WESTERLY LINE OF SAID SECTION 12; THENCE NORTHERLY ALONG SAID WESTERLY LINE 100 FEETTO THE POINT OF BEGINNING. EXCEPTTHEREFROM THE NORTHERLY 50.00 FEET THEREOF. ALSO EXCEPT THEREFROM A STRIP OF LAND 30 FEE!' WIDE OFF THE WEST OF SAID LAND, NOW INCLUDED IN BRISTOL STREET. SAID LAND IS ALSO SHOWN AS PARCEL 3 ON LICENSED SURVEYOR'S MAP RECORDED IN BOOK 3, PAGE 12 OF RECORDS OF SURVEY. APIA: 405 - 252 -22 JXS/4/19/16 Resolution No. 2016 -027 Page 5 of 5