HomeMy WebLinkAbout59-308RESOLUTION NO. 59-308 ORDERING THE FILING OF AN
ACTION TO CONDEMN LAND FOR FAIRVIEW STREET EXTENSION
AND FOR DRAINAGE RIGHT OF WAY
WHEREAS, Fair. iow Street is presently proposed as an im-
portant North and South Street in the Westerly part of Santa Aha,
California, and certain parcels of property immediately North of
Edinger Street are necessary for the installation of said Fairvlew
Street and for the construction of a storm drain channel to trans-
port storm waters from land North of Edinger;
NOW, THEREFORE, BE IT RESOLVED: T~at the City Council of
the City of Santa Aha finds and determines, and hereby declares
that:
1. The public interest and necessity require the acquisition
and construction of a public improvement, to-wit: A storm drain
along the Westerly side of proposed Fairview Street, and the con-
struction of a roadway in a portion of proposed Fairview Street
to connect said Street with Edinger Street.
2. The public interest and necessity require the acquisition,
for md in connection with said public improvements, of real proper-
ty or interests in real property as hereinafter described.
3. Said proposed public improvements are planned and located
in a manner which will be most compatible with the greatest public
good and the least private injury.
4. The public interest and necessity require the acquisi-
tion of the entire Westerly portions of said two parcels of land
necessarily crossed by said Street and said storm drain for said
purposes for the reason that the parts necessary to be taken and
to be used for said purposes would leave the remainder of said
parcels to the West of small size and irregular shape, and said
Council hereby finds and declares that the entire Westerly portions
of said parcels are necessary for the public use, benefit, safety,
economy, and general welfare, and that it is equally necessary
that a fee simple estate be acquired by said City.
BE IT FURTHER RESOLVED THAT:
1. The property hereby authorized to be taken lies in the
City of Santa Aha, County of Orange, State of California, and is
described as:
PARCEL 1. That portion of the Northeast quarter of Section 22,
n T~hip 5 South, Range l0 West, San Ber~ardino Base and
Meridian;
Bounded northerly by the South line of the northerly 800 feet of
said Northeast quarter of Section 22;
Bounded westerly by the West line of the Northeast quarter of
the Northeast quarter of said Section 22;
Bounded southerly by a portion of a straight line which extends
from a point on the East line cf said Section 22, which is 976
feet southerly from the Northeast corner of said Section 22, to
a point on said West line of the Northeast quarter of the North,-
east quarter of said Section 22, distant northerly 351.21 feet
from the westerly extension of the South line of Lot 5 of the
Sepulveda Tract, as shown on a m~ thereof recorded in Book 31,
Page 197, Deeds, Records of Los Angeles County, California;
Bounded easterly by the center line of Fairview Street described
as follows:
Commencing at the intersection
Street with the center line of
map of Tract No. 506, recorded
of the center line of Sulliva~
Edinger Street as shown on a
in Book 17, Pages 26 and 27,
Miscellaneous Maps, records of Orange County, California, and
running thence North 0° 47' 20" West 10.00 feet; thence South
89° 30' 00" West 875.35 feet to the beginning of a tangent
curve concave northerly having a radius of 1,200.00 feet; thence
westerly along the arc of said curve through a central angle of
ll° ll' 44" an arc distance of 234.48 feet to the true point of
beginning, said true point of beginning being the intersection
of the new center line of Edinger Street with the center line
of Fatrvtew Street as it extends North of said Edinger Street;
thence North 15° 48' 38" East 196.04 feet along said center line
to the beginning of a tangent curve concave westerly having a
radius of 1,437.11 feet; thence northerly $1ong the arc of said
curve through a central angle of 12o 18' 16" an arc distance of
308.62 feet to a tangent line.
PARCEL 2. That portion of Lot 5 of the Sepulveda Tract, as
shown on a map thereof recorded in Book 31, Page 197, Deeds,
records of Los Angeles County, California, and that portion
of the Northeast quarter of Section 22, in Township 5 South,
Range l0 West, Sa~ Bernardino Base and Meridian, described
as a whole as follows:
Beginning at a point in the easterly line of the Northeast
quarter of Section 22, in Township 5 South, Range l0 West,
San Bernardino Base and Meridian, distance thereon 976 feet
southerly from the northeast comer of said Section 22;
thence westerly 1319.25 feet, more or less, to a point in
the west line of the northeast quarter of the northeast quart-
er of said Section 22, distance northerly 351.21 feet from
the westerly extension of the south line of Lot 5 of the
Sepulveda Tract, as shown on a map thereof recorded in
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Book 31, Page 197, Deeds, records of Los Angeles County,
California; thence southerly along said westerly line to
the southerly line of the north quarter of said Section 22,
as shown on a m~o of Tract No. 507, recorded in Book 20,
Pages ll and 12, Miscellaneous Maps, records of said Orange
County; thence easterly along said southerly line of the
north quarter of said Section 22 to the westerly line of the
Rancho Santiago de Santa Ana; thence southeasterly along said
Rancho line, 105.10 feet, more or less, to the southwest cor-
ner of the lands allotted to Ascencion Sepulveda de Mott, as
shown on said map of Tract No. 507; thence easterly along the
southerly line of said allotment, being also the southerly
line of Lot 5 of said Sepulveda Tract, 1051.75 feet, more or
less, to the easterly line of said Section 22; thence north-
erly along said easterly line to the point of beginning;
EXCEPTING therefrom that portion of the above described prop-
erty lying easterly of the center line of Fairview Street
described as follows:
Commencing at the intersection of t~e center line of Sullivax
Street with the center line of Edinger Street as shown on a
map of Tract No. 506, recorded in Book 17, Pages 26 and 27,
Miscellaneous Maps, records of Orange County, California, and
running thence North 0° 47' 20" West 10.00 feet to the proposed
center line of Edinger Street; thence South 89° 30' 00" West 875.35
feet along said proposed center line to the beginning of a tax-
gent curYe concave northerly having a radius of 1,200.00 feet;
thence westerly along the arc of said curve through a central
angle of ll° ll, 44" an arc dist~ce of 234.48 feet to the
true point of beginning, said true point of beginning being
the intersection of the new proposed cent er line of Edinger
Street with the center line of Fairview Street as it extends
north of said Edinger Street; thence North 15° 48' 38" East
196.04 feet along said center line of Fairview Street to the
beginning of a tangent curve concave westerly having a radius
of 1,437.11 feet; thence northerly along the arc of said curve
through a central angle of 12° 18' 16" an arc distance of 308.
62 feet to a tangent line. ALSO EXCEPTING those portions dedi-
cated for Edinger Street.
2. Said action for condemnation saall be had in accordance
with t~e provisions of the Code of Civil Procedure and the Constitu-
tion of the State of California relating to eminent domain.
3. The City Attorney is directed to bring an action in the
name of the People of the City of Santa Aha, in the Superior Court
of the State of California, in and for the County of Orange, to
acquire fee title to the property herein above described, and to
make application to said Court for an order fixing the amount of
security in the way of money deposits as such Court may direct for
an order permitting said City to take immediate possession and use
of said real property for said public use, and to do those things
necessary to insure that said amount be deposited with said Court.
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PASSED AND ADOPTED by the City Council of the City of Santa
Aha at its regular meeting held on the 7th day of December, 1959.
ATTEST:
CLERK OF-TEE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, NARION SUTTNER, do hereby certify that I am the Clerk of
the Council of the City of Sm~ta Aha; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting held
on the 7th day of December, 1959, and was at said meeting regularly
passed and adopted by the following vote, to-wit:
AYES, COUNCILMEN: Royal E. Hubbard, Stanley C. Gould, Jr.,
Dale H. Heinly, Bob Brewer, A. A. Hall
CLERK DF THE COUNCIL
NOES, COUNCI L~EN: None
ABSENT, COUNC IL~EN: None
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