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HomeMy WebLinkAbout60-022RESOLUTION NO. 60-22 AUTHORIZING CONDEMNATION OF REAL PROPERTY SOUTH OF FIRST STREET FOR THE CONSTRUCTION OF PROPOSED FAIRVIEW STREET WHEREAS, Fairview Street is lr esently proposed to be extend- ed South of First Street, and to provide an artery for North and South vehicular traffic; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby find and declare that the public interest, necessity, benefit, safety, economy and general welfare require Fairview Street be extended southerly from First Street, as shown on maps ~u ereof on file in the of il ce of the Department of Public Works, and herein referred to for greater detail, to accomodate the de, hands of traffic, and further require that said City do have, take and acquire in fee simple for said street pur- pose not only the actual right of way necessary for said street, uses and structures, but all of the remainder of the parcel of land crossed which lies west of said proposed Fatrview Street, for the reason that said westerly portion of said parcel of real property will be severed from the l~rger portion lying East of said proposed Fairview Street, and said westerly portion of said parcel will be left in such size, shape and condition as to rec~ ire said City to pay excessive compensation for the taking in severance of such part from the larger remainder, so as to require said City to pay excessive compensation if said westerly portion be not so taken, and said City Council hereby finds and declares that all of said parcel lying west of said proposed Fairview Street is there- fore necessary for the public use and benefit, as hereinabove cited, and lies in the City of Santa Aha, County of Orange, State of California, described as: That portion of the Northeast quarter of Section 15, Township 5 South, Range l0 West, San Bernardtno Base m~d Meridian, described as follows: PARCEL l: A rectangular shaped parcel of land bounded north- erly by the north line of ssi d Section 15, said North line being on the center line of First Street; bounded southerly by a line parallel with and 52.00 feet southerly, measured at right angles, with said center line of First Street; bounded ~aaterly by a line parallel with, and 732.21 feet westerly, measured along said centar line of First Street, from the East line of said Section 15; bounded westerly by a line which intersects said center line of First Street at right angles, said point of intersection being 177 feet East and 30 feet North of the intersection of the South lir~ of said First Street with the East line of the Rancho Las Bolsas. EXCEPTING that portion previeuslygranted for street. PARCEL 2: An irregular shaped parcel of land bounded by Par- ce-~l-~l~ounded westerly by a line which intersects said center line of First Street at right angles, said point of inter- section being 177 feet East and 3© feet North of the intersec- tion of the south line of said First Street with the East line of the Rancho Las Bolsas; bounded Southerly by the North line of the South Five Chains of Lot i of the Sepulveda Tract, as shown on a map thereof recorded in Book 31, Page 197, Deeds, Records of Dos Angeles County, California; bounded Easterly by a line which is parallel with and 52.00 feet Easterly, measured at right angles, from the p~oposed center line of Fairview Street, the center line of which is described as follows: Beginning at a point on said center llne of First Street, which bears South 88v 53' 25" West 815.03 feet from the intersection of the center line of Sullivan Street with the center line of said First Street and running thence South 00° 41' 50" East 307.72 feet to the beginning of a tangent curve concave, westerly, having a radius of 1,238.97; thence south- westerly along the arc of said curve through a central angle 34° 44 PARCEL ~.: Beginning at ~he Northeast corner of Parcel 2, and running thence South 00° 41, 50" East along the East line of said Parcel 2, a distance of 256.09 feet; thence North 2° 09, 55" East 140.17 feet; thence North O0° 4l' 50" West 91.32 feet to the beginning of a tangent curve concave southeasterly having a radius of 25°00 feet; thence northeasterly along the arc of said curve through a central angle of 89° 35' 15" to a tangent line said tangent line being the South line of Parcel 1; thence South 88° 53' 25" West along said South line of Parcel 1 a distance of 31.82 feet to the point of beginning. BE IT FURTHER RESOLVED: 1. That the City of Santa Ana, California is a municipal corporation, is authorized and empowered ~ provide for the construc- tion, widening and improving of streets 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 t~e public improvement herein being provided for is planned and lo- cated in a manner which will be most compatible with the greatest public good, and the ~ ast private injury. -2- 3- That the public interest, necessity and convenience require, and it is hereby ordered, that t~e City of Santa Aha, Plain- tiff in the condemnation action ordered herein, take i~mediate posses- sion and use of the property he~ein ordered to be acquired upon com- plying with the requirements of law applicable thereto. 4. That the City Attorney is hereby ordered to bring an action in the n~ne of the City of Santa Ana in the Superior Court of the State of California, in and for the County of O~mge, to condemn the property herein described, to do all things necessary to prosecute said action to final determination, to make application to said Court for an order fixing the amount of security in the fo~n of money depos- its as said Court may direct for an order permitting said City to take immediate possession and use of said property and to report the amount of money so required by said Court, and to do all things neces- sary 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 Pro- cedure and the Constitution of the State of California, relating to eminent domain. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the __ ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, NARION SUTTNER, 1st day of February , 1960. do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 1st day of February , 1960, and was at said meeting regu- larly passed and adopted by the following vote, to-wit: AYES, COUNCIL~EN: Stanley C. Gould, Jr., Dsle H. Heinly, A. A. Hall NOES, COUNCIL~EN: ABSENT, COUNCII~EN: None Royal E. Hubbard~ Bob Brewer CLERK OF '3- THE COUNCIL