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HomeMy WebLinkAbout62-011RESOLUTION NO. 62-11 AUTHORIZING CONDEMNATION OF REAL PROPERTY SOUTH OF FIRST STREET FOR THE CONSTRUCTION OFPROPOSED FAIRVIEW STREET AND FOR THE WIDENING OF FIRST STREET AND DECLARING THE NECESSITY THEREFOR WHEREAS, Fairview Street is presently proposed to be extended South of First Street to provide an artery for North and South vehicular traffic; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Aha does hereby find and declare that the public use, benefit, safety, economy and general welfare require Fairview Street to be extended Southerly from First Street and First Street to be widened as shown on maps thereof on file in the office of the Depart- ment of Public Works, and herein referred to for greater detail, to accon~nodate the demands of traffic; and further require that said City do have, take and acquire in fee s/mple certain parcels of land for the aforesaid street purposes in the City of Santa Aha, County of Orange, State of California, and described as: That portion of the Northeast quarter of Section 15, Township 5 South, Range 10 West, San Bernardino Base and Meridian, described as follows: PARCEL A rectangular shaped parcel of land bounded Northerly by the North line of said 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 Easterly by a line parallel with, and 738.85 feet Westerly, measured along said center 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 line of said First Street with the East line of the Rancho Las Bolsas. F~xcepting that portion previously granted for street purposes. PARCEL 2: An irregular shaped parcel of land bounded Northerly by Parcel 1; bounded Westerly by the following described line: Beginning at a point on the South line of Parcel 1, 168.00 feet West of the Southeast corner of said Parcel 1 and running thence Southeasterly and Southerly along the arc of a curve concave Southwesterly, tangent to said South line -1- of Parcel 1, having a radius of 25.00 feet, through a central angle of 90o24'20" to a tangent line; thence South 00o42'37'' East 84.98 feet; thence South 3o34'22'' East 140.17 feet to a point on a non-tangent curve, the tangent to said curve at said point bears South 00042'37" East; thence Southerly and Southwesterly along the arc of said curve w~nich is concave Westerly, and has a radius of 1187.37 feet, through a central angle of 34°53'31"; bounded Southerly by the North line of the South five chains of Lot 1 of the Sepulveda Tract, as shown on a map recorded in Book 31, Page 197, Deeds, Records of Los Angeles County, California; bounded Easterly by a line which is parallel with and 52.00 feet Easterly, measured at right angles, from the proposed center line of Fairview Street, the center line of which is described as follows: Beginning at a point on said center line of First Street, which bears South 88053'03" West 823.03 feet from the inter- section of the center line of Sullivan Street with the center line of said First Street and running thence South 00042'37'` East 302.58 feet to the beginning of a tangent curve concave Westerly having a radius of 1239.37 feet; thence Southwesterl~ along the arc of said curve through a central angle of 34 53'31". PARCEL 3: Beginning at the Northeast corner of Parcel 2, and running thence South 00042'37'' East 250.95 feet; thence North 2o09'08.' East 140.17 feet; thence North 00o42'37'' West 86.18 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 89o35'40'' to a tangent line, said tangent line being the South line of Parcel 1; thence South 88053'03'' 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, a Municipal Corporation, is authorized and empowered to provide for the construc- tion, widening and improving of streets within the City limits and to acquire by eminent domai~ 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 and convenience require, and it is hereby ordered, that the City of Santa Ana, Plaintiff in the condemnation action ordered herein, take immediate possession and -2- 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 Aha in the Superior Court of the State of California, in and for the County of Orange, 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 form of money deposits 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 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 Procedure 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 15th day of January, 1962. ATTEST:~/~/l~.~ ~~/W~W~ CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 15th day of January, 1962, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: Royal E. Hubbard, Henry H. Schlueter, Bob Brewer~ A. A. Hall COUNCILMEN: None COUNCILMEN: Dale H. Heinly dbgRff 6F THE COUNCIL -3-