HomeMy WebLinkAbout60-003RESOLUTION NO. 60-3 AUTHORIZING CONDENNATION OF FOUR
PARCELS OF REAL '¥ROPERTY FOR THE WIDENING AND INPROVING
OF FIRST STREET EAST OF THE SANTA ANA RIVER
WHEREAS, First Street as it now exists i~mediately east of
the S~ta Ana River is inadequate in width to accomodate the present
and future demands of traffic thereon, and must be widened to pro-
vide for the ever-increasing flow of vehicular traffic and the addi-
tional traffic that will result from the widening of the bridge
across the Sm~ta Aha River i~mediately west of the land herein
described. The bridge across the Santa Aha River at First Street
is presently under construction to widen the seme.
NOW, THEREFORE, HE IT RESOLVED: That the City Council of
the City of Sm~ta Ana does hereby find and determine that the public
interest and necessity require that First Street immediately east
of the Santa Ana River right of way be widened and improved, as
shown on maps thereof on file in the office of the Department of
Public Works, and herein referred to for greater detail, to accom-
modate the present a~d future demands of traffic thereon, md
further require that said City do have, take and acquire in fee
simple for said purpose the entire parcels of land herelnbelow
described, and designated Parcel 2 and Parcel 3. That Parcel 1
and Parcel 4 are portions of larger and entire parcels of land.
That said real property is in the City of Santa Arm, County of
Orange, California, and is described as:
Parcel 1. Beginning at a point in the center line of
Firsb Street, said center line being the South line of
Section 10, Township 5 South, Range l0 West, San Bernard-
ino Base and Meridian, in the City of S~ta Aha, said
point being 1,783.03 feet west from the Southeast corner
of said Section 10, said point being the southwesterly
corner of land described in a deed to Local Union No. 1815re-
corded July 12, 1955, in Book 3134, Page 296, Official Recerds
~ i'n the Office of the County Recorder of Orange County,
Ca±ifor~ta; thence North 0° 13' 30" East 52.00 feet along
the westerl~ line of said land described in a deed to Local
Union No. l~15 to a point; thence due West, a dista%ce of
115.80 feet; thence North 86° 36' 41" West 304.53 feet;
thence due West to the easterly boundary of the 400.00
foot right of way for river channel as conveyed to the
Newbert Protection District, by deed recorded November
18, 1910, in Book 194, Page 169, Deeds, records of said
Orange County; thence southwesterly along said easterly
boundary line to the south line of said Section 10, thence
due East along the South line of said Section 10, a distance
of 479.80 feet to the point of beginning.
Parcel 2. Beginning on the south line of First Street,
if extended West from the City of Santa Ana, at a point
100.O0 feet East of the Northwest corner of the 56.~8
acre tract of land conveyed by Moss McGill to L. W. Spauld-
ing, by deed recorded January 27, 1910, in Book l??, Page
9, Deeds, Records of Orange County, California, said point
of beginning also being the Northeast cozier of the Tract
of land conveyed by L. W. Spaulding to Citizens National
Bank of Los Angeles, California, by deed recorded March 28,
1913, in Book 2~1, Page 203, Deeds, Records of said Ormnge
County; thence running South 150.00 feet; thence East 100.00
feet, more or less, to the Southwest corner of the tract of
land conveyed by L. W. Spalding to Robert E. Hawkins and
others, by deed recorded July l?, 1915, in Book 277, Page
120, Deeds, Records of said Orange County; thence North
along the west line of said H~awkins Tract, 150.00 feet to
the South line of First Street extended; t~ence West 100.00
feet, more or less, to the point of beginning.
Parcel 3' All that certain land situated in the R~cho
L~'s Bolsas, in the City of Santa Aha, as shown on a map
thereof recorded in Book 51, Page ?, et seq., Miscellaneous
Maps, Records of Orange County, California, described as
follows:
Commencing on the south line of First Street, if extended
west from the City of Smuts Aha, 807.00 feet, more or less,
west of the east line of said Rancho Las Bolsas, said point
of beginning being the northwest corner of a certain 56.~8
acre tract of land conveyed by Moss McGill to Spatulding by
deed recorded in Book 177, Page 9, Deeds, Records of said
Orange County; ~un~ing thence South 150.00 feet; thence
East 100.00 feet; thence North 150.00 feet~ and thence West
lO0.O0 feet to the point of beginning.
~. Beginning at the Northeast corner of the West half
of the Northwest quarter of the Northeast quarter of Section
15, Township 5 South, Range l0 West, Sau Bernardino Base and
Meridian, in the City of Sa~ ta Ana, California, ~unning
thence South 60.00 feet; thence due West to the West line of
that certain 56.~8 acre tract of land conveyed by Moss McGill
to Spaulding by deed recorded in Book 177, Page 9, Deeds,
Records of Orange County, California; thence South 84° 58'
32" West, a distance of 171.27 feet; thence due West to the
Easterly boundary of the 400.00 foot right of way for river
ch~nel as conveyed to Newbert Protection District, by deed
recorded November 18, 1910 in Book 194, Page 169, ~eeds~
Records of said Orange Coun~; thence Northeasterly along
said Easterly boundary line to the North line of said
Section 15; thence due East along the North line of said
Section l~ to the point of beginning. EXCEPTING therefrom
that portion thereof lying East of the West llne of said
56.38 acre tract of land conveyed by Moss McGill to Spauld-
lng by Deed, recorded in Book 177, Page ~), Deeds, ~ecords
of said Orange County.
BE IT FURTHER RESOLVED: That Parcel 2 and Parcel 3 are neces-
sary to be taken in their entirety for the reason that the major
portion of each of said parcels will necessarily be covered with the
proposed improvements and would in each case leave a remainder of
said parcel in such size, shape m d condition as to require said
City to pay excessive compensation for the taking in severance of
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such part~ which would be equal to or nearly equal to the fair ~d
reasonable value of the whole of eac~ of said parcels, and said City
Council hereby finds and declares that the entire ~arcel 2 and the
entire Parcel 3 are in each case necessary for the public use, bene-
fit, safety, economy and general welfare.
BE IT FURTHER HESOLVED:
1. That the City of S~ta Aha, California is a municipal
co~poration, is a~ tharized and empowered to provide for the con-
st~uction, widening and improving of stl-eets within the City limits
and to acquire by eminent domain under the circumstances hereinabove
set out a fee simple estate in any parcel of ground necessary for
such street construction and/or widening.
2. That said City Council hereby finds and declares that
the public improvement herein being provided for is planned and
located in a manner which will be most compatible with the greatest
public good, and the least private injury.
3. That the public interest, necessity aud convenience
require, and it is hereby ordered, that the City of Santa A~a,
Plaintiff in the condemnation action ordered herein, take immediate
possession and use of the property herein ordered to be acquired
upon complying with the requirements of law applicable thereto.
4- That the City Attorney is hereby ordered to bring an
action in the name of the City of Santa Ana in t~e Superior Cou~t
of the State of California, in and for the County of Orm~ge, to
condemn the property herein described, to do all things necessary
to p~osecute said action to final determination, to make application
to said Court for an order fixing the amount of security in the
form of money deposits as said Court may direct for an order per-
mitting said City to ~ake immediate possession and use of said
property and to report the amount of money so required by said Court,
and to do all things necessary to insure that said amount be deposited
with said Court.
5. That said action for condemnation herein ordered shall
be taken in accordance with the provisions of the Code of Civil
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Procedure and the Constitution of the State of California, relat-
ing to eminent domain.
PASSED AND ADOPTED by ~he City Council of the City of Santa
Aha at its regular meeting held on the 4th day of January, 1960.
ATTEST:
~LERK~OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, MARION SUTTNER, do hereby certify that I am the Clerk of
the Council of the City of Santa Ana; that the foregoin~ Resolution
was regularly introduced to said Council at its regular meeting
held on the 4th day of January, 1960, and was at said meeting regu-
larly 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
NOES, COUNC I LMEN: None
ABSENT, COUNCIT.W~EN: None
· CLERK OF ~E COUNCIL
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