HomeMy WebLinkAbout52-029 RESOLUTION NO.
RESOLUTION OF THE OITY COUNCIL OF
THE CITY OF 'Santa Aha
DETERMINII~ THAT PUBLId INTEREST AND
NEOESSITY REQUIRE THE AOQUISITION OF
A RIGHT OF WAY FOR 0UTFALL SE~ER PURPOSES.
RESOLVED by the City Council of the City of Santa Aha that
it finds and determines and hereby declares
The public interest and necessity require the acquisition,
oormtrUotion Or oomplatlon by the Cities of Santa A~a, Anaheim,
Fulterton and Orange of a public improvement~ namely, an outfall
sewer,
The public interest and necessity require the acquisition for
said public improvement of a right of w~y over, upon and along the
real property hereinafter described; said public improvement is
planned and located in a manner which will be most compatible with
the greatest public good and the least private injury;
AND BE IT FURTHER RESOLVED by the City Colmcil that the City
of Santa Aha he and it is hereby authorized and empowered, for and
on behalf of said Cities:
To acquire a right of w~y over, upon and &long the said here-
inafter described real property by condemnation in accordance with
the provisions of the Goverl~ment 0ode, the Health and Safety Code,.
the Code of 0ivil Procedure and the Constitution of 0alifornia
relating to eminent domain~
To prepare and prosecute in the name of the City of Santa
Aha such proceeding or proceedings in the proper Court having
jurisdiction thereof as are necessary for such acquisition;
To make application to said 0curt for an order fixing the
amount of such security in the way of money deposits as said Court
may direct, and for an order permitting said City to take immediate
possession and use of said.property or interests in real property
or existing improvements as & right of w~y for outfall sewer pur-
pOSeS,
the
To make deposit of such security out of proper funds under
the control of said Oity in such amount so fixed and determined
and in such manner as said Oourt in which said condemnation pro-
ceedinge is pending may direct.
The right of way which the City of Santa Aha is by this
resolution authorized to acquire for and on behalf of the Cities
of Santa Ana, Anaheim, ~ullerton and Orange is over, upon. and
along the real property situated in the County of Orange, State
of California, described as follows:
PARCEL 2.
That portion of the Northeast quarter of Section 5, Town-
ship S South, R~nge l0 West, S.B.B. & M., in Rancho Las Bolsae,
described as follows:
Beginning at the point of intersection of the North line
of the tract of land conveyed by H. K. Snow to J. Edmund Snow by
deed recorded August 15th, 190~ in Book 108, page ~7 of Deeds,
with the line parallel to and 150 feet at right angles Northwest-
erly from the surveyed center line of the right of w~y for the
channel of the Santa Aha River, ms said channel is described in
the deed to the Newbert Protection District recorded September
18th, 1910 in Book 195, page 295 of Deeds, said point of inter-
section being 537.E~ feet North E5° 30' East and ~62 feet West
of Station 93 of Rancho Las Bolsas; thence Southwesterly along
said line parallel to the surveyed center line of the right of
way for the channel of the Santa Ana River 7~0 feet, more or less,
to intersect the boundary line of said tract of land conveyed to
Snow described as having the course "South 48° ~0~ East 3.70 chains,;
thence North ~8o 30' West AOo~ feet; thence North B3olO~ East
251.A6 feet; thence North ~5° BO~ East ~A~.8~'feet, more or less,
to the Northwest corner of the said tract of land conveyed by
deed aforesaid; thence East along the North line of said tract,
B~.0 feet, more or less, to the point of beginning.
Excepting therefrom any portion lying within the boundar-
ies of the land conveyed to Robert Gisler by deed recorded
December 21st, 1905 in Book ll~, page 232 of Deeds.
Also excepting that portion lying Northerly of the North-
erly line of the Northeast quarter of Section B, Township $ South,
Range l0 West, S. B. B. & M.
PARCEL 3.
That portion of the West half of the East half of Section
5, Township 8 South, Range l0 West, S. B. B. & N., in Rancho Las
Bolsas, being a strip of land 30 feet in width, the center line
of which is described as follows:
Beginning at a point on the surveyed center line of the
Santa Ana-Anaheim Joint outfall sewer pipe line right of way as
said center line is ehown on a Nap attached to and marked "Exhibit
A, to the complaint on file in the Superior Court of the State of
California, in and for the County of Orange, in Case No. 13753,
said point being 173.47 feet North 19° 05~ East from Station
51~18.87 of said surveyed center line and'which station is a point
$88.? feet'North 89° 35~ East from the center of Bection 5, Town-
ship 8 South, Range l0 West, S. B. B. & N; thence from said point
of beginning South 19e 08~ West along said sttrveyed center line
173.~7 feet to said Station 51~18,87; thence South 19° 0S~ West
slong said center line 10.33 feet to Station 51~27; thence South
l~o 53~ West along said center line ll?.8 feet to a point on the
South line of the tract of land conveyed by H. K. Snow to J. Ed-
mund Snow by deed recorded August 15th, 1904 in Book 108, page
247 of Deeds.
Together with the strip of land of varying widths lying
between the Easterly line of the above described ~0-foot right
of way strip and the Westerly line of the right of way for the
channel of the Santa Aha River as said channel is described in
the deed to Newbert Protection District, recorded September lSth,
l@10 in Book 193, page298 of Deeds.
Excepting therefrom any portion lying within the boundaries
of the Land conveyed to Robert Gisler by deed recorded December
21st, 1905 in Book 114, page 232 of Deeds.
PARCEL 10:
Ail of Lot "J" and all that portion of Lot "I" and Lots
46 to'50, inclusive, of Tract ~25, as shown on a Map recorded in
Book 14, page 26 of Miscellaneous Maps, records of Orange Oounty,
Oalifornia, lying Easterly of a line parallel to and 30 feet meas-
ured Westerly at right angles from the Easterly line of said Lots
46 to 50, inclusive, and the Southerly extension thereof.
PARCEL 11.
All of Lot "E", and that part of Lots 82, 89, 72, "H" and "D",
Tract No. 211, as shown on a Map recorded in Book 15, page ~0 of
Miscellaneous Haps, records of Orange County, California, lying east
of a line parallel with the easterly line of said Lots 82, 89, 72,
"H" and "D" and $0 feet Westerly therefrom at right angles.
PARCEL l~:
That part of Lot Sixty-one, Tract No. Ell, as shown on a
Map recorded in Book 13, page 40 of Miscellaneous Maps, records
of Orange County, California, lying East of a line parallel with
the Easterly line of said lot and 30 fo,et Westerly therefrom at
right angles.
?ARCED
That part of Lot Sixty-three, Tract No~ ~i1~ as shown on a
~ap recorded in Book 13, page 40 of ~.~iscellaneous Maps, record~
of Orange County, Cali~ornia~ lying East of a line para!is]
the Easterly line of s~id lot and SO feet Westerly therefrom
right angles.
PARCEL 1~:
That part of Lot 64, Tract No~ ~11, as shown o~"~ a ~iap re-
corded ~ ~' ~ zecords o!
~n Book !$, page 40 of l~[isoe!taneous
County, California, lying East of a line parallel with the Easterly
line of said lot and SO feet Westerly therefrom at right angles.
PARCEL 15:
Tha~ p~rt of Lot
corded in Sock I~ page
County~
line of
65, Tract No. 2!!, as shown on a
40 of Miscellaneous Maps, ~records
California, lying East of a line parallel with the Easterly
sa~d lot and ~0 feet ~esterly therefrom at right
PARCEL 17:
That part~o~ Lot Sixty-seven of Tract No. 211, as shown on
a Map recorded in Book 13, page 40 of Miscellaneous Maps, records
of Orange County, California, lying East of a line parallel with
the Easterly line of said lot and 30 feet Westerly therefrom at
right angles.
PARCEL
That part of Lot Sixty-eight 0f Tract No. ~ll, as shown on
a Map recorded in Book 13, page 40 of Miscellaneous Maps, records
of Orange County, California, lying East of a line parallel with
the Easterly line of said lot and 30 feet Westerly therefrom at
right angles,
PARCEL 19:
That part of Lot 70 of Tract No. 211, as shown on a Map
recorded in Book 13, page 40 of Miscellaneous Naps, records of
Orange County, 0alifornia, lying East of the line parallel with
the E&sterly line of said lot and 30 feet Westerly therefrom at
right angles.
PARCEL 20:
That Part of Lot Seventy-One, Tract No. 211, as shown on
a Map recorded in Book 13, page 40 of Miscellaneous Naps, records
of Orange County, California, lying East of a line parallel with
the Easterly line of said lot and 30 feet Westerly therefrom at
right angles.
PARCEL Zl:
That part of Lots Seventy-three and Seventy-four, Tract No.
211, as shown on a Map recorded in Book 13,'page 40 of Miscellaneous
Naps, records of Orange County, California, lying East of a line
parallel with the Easterly line of said lots and 30 feet Westerly
therefrom at right angles.
PA~C.EL Z2:
That part of Lot 75, Tre~t No. ~1~ aS s-hown~n a ~ap
recorded in Book 13, page
Orange County~ California,
Easterly line of said lot
angles,
pARCEL23.1.
40 of Miscellaneous Maps, rebords of
lying East of a line parallel with the
and 50 feet Westerly therefrom at right
That portion of Lot 60 of "Tract No. 193", as shown on a
Map recorded in Book lB, p~ge 4@ Of Miscellaneous Maps, records of
Orange County, California, which lies Easterly of a line parallel
with the Easterly line of said Lot 80 and 50 feet Westerly there-
from at right angles, and all that portion of Lot "B" in said tract
existing between the Northerly and Southerly lines of Lot 60 pro-
duced Easterly.
PARCEL
That portion of Lot 75 of "Tract No. 1@5", as shown on a
Nap recorded in Book lB, page 49 of Miscellaneous Naps, records of
Orange County, California, which lies Easterly of a line parallel
with the Easterly line of said Lot 75 and 50 feet Westerly there-
from at right angles, and all that portion of Lot "B" in said tract
existing between the Northerly and Southerly lines of Lot 75 pro-
duced Easterly.
PARCEL ZS:
That portion of Lot 74 of "Tract No..195", as shown on a
Map recorded in Book l~, page 49 of Miscellaneous Naps, records of
Orange County, California, which lies Easterly of a llne parallel
with the Easterly line of said Lot 74, and 50 feet Westerly there-
from at right angles, and all that portion of Lot "B" in said tract
existing between the Northerly and Southerly lines of Lot 74 pro-
duced Easterly.
~ARCEL ~6:
That portion of Lot 84 of "Tract No. 195", as shown on a Map
recorded in Book l~, page 49 of Miscellaneous Maps, records of
Orange County, California, which lies Easterly of a line parallel
IlillBJ illlJlllt I IIJ ll tillll il Illl IJJili
with the Easterly line of said Lot 64, and 50 feet Westerly there-
from at right angles, and all that portion of Lot "B" in said tract
existing between the Northerly and Southerly lines of Lot 84, pro-
duced Easterly.
PARCEL ~?:
That portion of Lot Sixty-nine of "Tract No.' 19~,~' as shown
on a Nap recorded in Book l~, page 49 of Niscellaneous Naps, records
of~0range County, California, which lies Easterly of a line parallel
with the Easterly line of said Lot Sixty-nine~ and 50 feet Westerly
therefrom at right angles, and all that portion of Lot "B:' in said
tract existing between the Northerly and Southerly lines of Lot
Sixty-nine produced Easterly.
That portion of LOts Fifty-seven and Fifty-eight of "Tract
No~ 193", as shown on a Map recorded in Book lB, page 49 of Miscel-
laneous Maps, records of Orange County, California, lying East of
a line parallel with the Easterly lines of said Lots Fifty-seven
and~Fifty-eight and 30 feet Westerly therefrom measured at right
angles.
~ARCEL ,~8-B:
That portion of Lot Fifty-nine of "Tract No. 19~", as shown
on a Map recorded in. Book 1~, page 49 of Miscellaneous Maps, records
of Orange County,~ Galifornia, lying East of a line parallel with the
Easterly line of said Lot Fifty-nine and 50 feet Westerly therefrom
measured at right angles.
PARCEL
That portion of Lots Sixty-one, Sixty-five and Seventy-five
of "Tract No. 193", as shown on a Map recorded in Book la, page 49
of Miscellaneous Maps, records of Orange County, California, lying
East of a line parallel with the Easterly line of said lots and
feet Westerly therefrom measured at right angles.
~ARCEL
That portion of Lot Sixty-two of "Tract No. 195", as sho~m
on a Nap recorded in Book la, page 49 of Miscellaneous MapsI records
of Orange County, California, lying East of a line parallel with the
Easterly line of said lot and 30 feet Westerly therefrom at right
angles, and that portion of Lot "B" of "Tract No. 193,,, as shown on
a Map recorded in Book la, page 49 of Miscellaneous Naps, records
of Orange County, California, lying between the extension Easterly
of the North and 8outh lines of Lot~.Sixty-two of said Tract No. 193.
PARCEL
That portion of Lot 83 of "Tract No. 193", as shown on a
Nap recorded in Book la, page 49 of Miscellaneous Maps, records of
Orange County, California, lying East of a line parallel with the
Easterly lines of said Lot 65 and 50 feet Westerly therefrom at
right angles.
~ARCEL ~8-F:
That portion of Lots Sixty-six, Sixty-seven and Sixty-eight
of "Tract No. 19Z",~as sho~m ou a ~ap recorded in Book lB, page ~9
of Niscellaneoue Naps, records of Orange County, California, lying
East of a line parallel with the Easterly lines of said lots and
50 feet Westerly therefrom at right angles.
~ARCEL aS-G:
That portion of Lot Seventy of "Tract No. 15~", as shown on
a Nap recorded in Book la, page ~ of Niscellaneous Naps, records
of Orange County, California, lying East of a line parallel with
the Easterly lines of said Lot Seventy and 50 feet Westerly there-
from at right angles.
PARCEL .~8-H:
Those portions of Lots ?l and ?a of "Tract No. 195", as
shown on a Nap recorded in Book la, page 49 of Niscellaneous Naps,
records of Orange County, California, lying East of a line parallel
with the Easterly line of said Lots ?l and 7a and 30 feet Westerly
therefrom at right angles~ and that portion of Lot "B" of "Tract
No. 19~", as shown on a Nap'recorded in Book la, page 49 of Niscel-
laneous Naps, records of Orange County, California, lying between
the Easterly extension of the South line of Lot 71 and the Easterly
extension of the North line of Lot ?a of said Tract No. 19~.
pAROELaS-I:
Those portions of Lot "B" of "Traot No. 19~", as shown on
a Nap recorded in Book lg, page 49 of Niscellaneous Naps, records
of Orange 0ounty, California, lying between the Easterly extension
of the North and South lines of Lots Fifty-seven, Fifty-eight,
Fifty-nine, Sixty-one, Sixty-three, Sixty-five, Sixty-six, Sixty-
seven, Sixty-eight, Seventy and Seventy-five of said Tract No. 19~,
and that portion of Lot "A" of "Tract No. 19~", as shown on a Nap
il, Illllmll~lllllt ! II1,11 IIIl:ll , I lill]i li]llilj i,
recorded in Book 12, page 49 of Miscellaneous Maps, records of
Orange County, California, lying Easterly of the Northerly exten-
sion of the Westerly line of Lot Seventy-five of said Tract No.
193.
PARCEL
A strip of land 30 feet in width the center line of which is
described as follows:-
Beginning at a point on the easterly prolongation of the east
and west center line of Section lS, Township S South, Range l0 West,
$.B.B.&t~., ~l.O~ feet North S9° 3S' East from the east quarter
section corner of said section; said point of beginning being Station
160 ~ 10.73 of the surveyed center line of the Santa Aha-Anaheim Joint
outfall sewer; thence South l~° 2§' ~0" ~est along said center line
16~.~ feet to a point on the easterly boundary line of the Rancho Las
Bolsas; together with the strip of land of varying widths lying
between the easterly line of the above described 30 ft. strip and the
westerly line of the right of way of the Santa Aha River through the
Newbert Protection District.
That portion of the followir~, which is in the ~ancho Santi-
ago de Santa Ana, and which is included within the land conveyed
to A. E. Miller by deed dated November 30th, 19~0, and recorded
February ~th, 1921 in Book 591, page 3~ of Deeds:
A strip of land 30 feet in width, the center line of which
is described as follows:
Beginning at a point 1404~34 feet North 13o 25' 30" East
from a point on the South line of Section 1S, Township $ South,
Range l0 Wes~ S.. B. B. & M.,. which said point ia 22~4.$~ feet
North 89o 38t East from the South quarter section corner of said
Section 1S, said point of beginning being Station 173~70.1B of the
surveyed center line of the Santa Ana- Anaheim Joint outfall sewei
thence South 13o ~6~ 30" West along said center line to its inter-
section with the Easterly boundary line of the Rancho Las Bolsas,
between Station 78 and 79 of said Rancho boundary line; together
with the strip of land of varying widths lying between the Easterly
line of the above described 30-foot strip and the Westerly line of
the right of way of the Santa Aha River through the Newbert Pro-
tection District,
PARCEL 34-A:
That portion of the following strip of land, which is in
the Rancho Las Bolsas, and which lies Westerly of the Easterly
line of the Rancho Las Bolsas:
A strip of land 30 feet in width, the center line of which
is described as follows:
Beginning at a point 15.3 feet South $4° 45' East from
Station 68 of Rancho Las Bolsas, said point of beginning being on
the surveyed center line of the Santa ,-,~a- Anaheim joint outfall
sewer; thence South 18° ~7' 30" West alonE said center line ~37.5
feet to a point on the North line of Lot Ed in Block "C" of E1
Moro Tract, as shown on a Map recorded in Book 8, page 75 of Mis-
cellaneous Maps, records of Orange County, California.
That portion of the strip of land 30 feet in width, the
center line of which ia described as follows: Beginning at a point
15,3 feet South 84o 45~ East from Station 68 of Rancho Las Bolsas,
said point of beginning being on the sttrveyed center line of the
Santa Aha- Anaheim outfalt sewer; thence South 1Se 27' 30" West
along said center line 437.5 feet, more or less, to a point on the
North line of Lot 22 in Block "O" of E1 Moro Tract, as shown on a
Map recorded in Book S, page 75 of Miscellaneous Maps, records of
Orange Cou~.ty, California.; together with a e~rip of land of varying
width lying between the Easterly line of the above described 30-foot
strip and the Westerly line of the right of way of the Santa Ana
River through the Newbert Protection District~ which lies within the
following described tract of land:
Beginning at the intersection of the Easterly line of the
Rancho Las Bolsas, as shown on a Map recorded in Book 2, page 314 of
Patents, records of Los Angeles County, California, with the center
line of the California State Highway S0 feet in width as the same
existed in 1929, said point of beginning being distant North 15° 43'
East 42.84 feet from a copper tack in lead set in the concrete pave-
ment at Station 639 plus 79.91 as on sheet 6 of 11 sheets, Division
7, Route 60 of State Highway on file in the office of the State
Highway Engineer of the State of California;:thence along said East-
erly line of the Rancho Las Bolsas North 15° 43' East 330.97 feet;
thence South 74° 17, East 288.02 feet to the Southerly prolongation
of the center line of that certain 300-foot strip of land described
in the deed to the Newbert Protection District recorded June 2~nd,
1911 in Book 197, page 300 of Deeds; thence along said Southerly
prolongation South 13° 24' West 453.36 feet to said center line of
the California State High~y; thence along said center line North
54° 0~' West 326.2~ feet to the point of beginning.
EXCEPTING THEREFROM the portion or portions of said land
which is not or are not included either within the exterior bound-
aries of the Rancho Santiago de Santa Ana, the patent for which
recorded June ~8, 185~ in Bbok 5, page 38? of Patents, records of
Los Angeles 0ounty, California, or within the exterior boundaries
of Lot I of Section 19, Township 6 South, Range l0 West, S.B.B.& N.~,
the patent for which Lot was recorded April 19th, 1893 in Book 1,~
page 66 of Patents, records of Orange County,~California, or within
accretions (formed by the deposit of alluvion from natural causes
and by imperceptible degrees) to said Rancho and/or said Lot.
PAROEL ~6..
A strip of land 30 feet in width the center line of which is
RI described as follows: - beginning at a point which bears Sputh
54° 01~ East 10,3 feet distant from a point 415,07' South 15° 45'
~ffest from Station 65 of Rancho Las Bolsas, said point of beginning
being at the intersection of the line parallel to and 100 feet
distant at right angles northeasterly from the northeasterly line
of the 40 ft. right of way conveyed to the Southern Pacific Railroad
0ompany by' deed recorded in Book 1~3, page 96 of Deeds, records of
Orange Oounty, Oalifornia, with the surveyed center line of the Santa
Ana-Anaheim joint outfall sewer; thence South 18° a?' 30" west along
said center line 106.1 feet to the point where the extended north-
easterly line of the above described 40 ft. right of way intersects
the said surveyed center line; together with the strip of land of
~. varying widths lying between the easterly line of the above described
30 ft. strip and the westerly line of the right of way of the Santa
Aha River through the Newbert Protection District.
A strip of land 30 feet in width the center line of which is
described as follows: Beginning at a point which bears South 54° 01~
East 7/6 feet from a point 632.6 feet South 15° 45, West from Station
78 of Rancho Las Bolsas, said point of beginning on the surveyed
center line of the Santa Aha-Anaheim Joint outfall sewer where said
center line intersects the southwesterly line of the 60 ft~ strip
conveyed to the Los Angeles Interurban Railway Company, by deeds
recorded in Book 103, page 356, Book 108, page 244, and Book 139,
page 9 of Deeds, records of Orange 0ounty, California; thence from
said point of beginning South 16° 35' 30" West along the .sumveyed
center line of the Santa Aha-Anaheim joint outfall sewer to the line
of ordinary high tide of the Pacific Ocean.
THE FOREGOING RES0LUTIONwas approved and signed by me this
day of April , 1952.
ATTEST:
City Clerk of the City of. Santa .Aha
Hayor of ~e ~ity of Santa Alia
( S An )
STATE OF CALIF0~,IIA )
COUNTY OF ORANGE) ss.
I, ErmaK$?ler
, do hereby certify that
adopted at a regular meeting of
.. ., held on the ?th_ day of
vote of the members thereof;
AYES: COUNCIL~N:
~OES: COUNCIL~N:
ABSENT: COUNCILEEN: None
..... , City Clerk of the City of Santa Aha
the foregoing Resolution was passed and
the City Council of the City of Santa Aha
..... Apr!% .. . , 1952, by the following
Orson H.Hunter,
Chandler.
William Jerome, J.L.McBride,
Milford W. Dahl, Courtney R.
None
A~ I FURTHER CERTIFY that the Mayor of the City of ..Santa.Aha
~igned and approved said Resolution on the ?th.~ day of . April .
1952.
IN ~ITNESS ~HEREOF, I have hereunto set my hand and affixed the
seal of said City of .. .San~% Aha
(sz )
this .7th, day of April , 1952.
City Clerk of the City of Santa Aha