Loading...
HomeMy WebLinkAbout62-066RESOLUTION NO. 62-66 AUTHORIZING COND~V~NATION OF REAL PROPERTY EAST OF FLOWER STREET AND SOUTH OF EIGHTH STREET FOR THE WIDENING OF EIGHTH STREET AND FOR CIVIC CENTER PURPOSES AND DECLARING THE NECESSITY THEREFOR WHEREAS, Eighth Street as it presently exists between Flower Street and Parton Street is proposed to be widened on the South side in order to accc~odate the flow of traffic presently using said street; and WHEREAS, certain parcels of real property hereinafter described fall within an area heretofore delimited as the Civic Center area provided for the future construction of certain governmental buildings and facilities. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby find and declare that the public use, benefit, safety, economy and general welfare require that Eighth Street be widened between Flower and Patton Streets, as shown on maps thereof on file in the office of the Department of Public Works, herein referred to for greater detail, to accomodate the demands of traffic; and further require that said City do have, take and acquire in fee simple for said street purposes, not only the actual right of way necessary for said street uses and structures, which consists of the Northerly 31 feet of Parcels 1 and 2 hereinafter described, but all of the remainders of the whole parcels of land crossed which lie Southerly of the Northerly 31 feet of said parcels, which said Northerly 31 feet of said parcels delineates the Southerly right of way line of said Eighth Street as it is proposed to be after widening, for the reason that said Southerly portions of said parcels of real property will be left in such size, shape and condition as to require said City to pay excessive compensation for the taking in severance of the smaller parcels from the larger parcels, so as to require said City to pay excessive compensation, if said Southerly parcels be not so taken, in an amount equal to the fair -1- and reasonable values of the whole of the Southerly parcels, and said City Council hereby finds and declares that all of said parcels lying Southerly of said Eighth Street, as it presently exists and as herein- after described, are therefore necessary for the public use and benefit as hereinabove recited, and lie in the City of Santa Ana, County of Orange, State Of California, and are described as follows: PARCEL 1: That portion of the Julian Chavez Allotment of Rancho Santiago de Santa Aha, in the City of Santa Ana, County of Orange, State of California, described as follows: Beginning at the intersection of the South line of Eighth Street (Hickey Street) with the West line of Garnsey Street as shown on the Map of Visel's Addition recorded in Book 3, Page 17 of Miscellaneous Maps, in the office of the County Recorder of said County; thence Southerly 105.00 feet along the West line of said Garnsey Street to the Northeast corner of land described in Parcel 1 in deed to Walter L. Hooe and wife recorded March 25, 1925, in Book 569, Page 312 of Deeds; thence Westerly along the Northerly line of said land of Walter L. Hooe to the Southerly extension of the Easterly line of land described in deed to Roy N. Edwards and others, recorded April 17, 1945, in Book 1305, Page 190 of Official Records; thence Northerly 105.00 feet along the Easterly line of said land of Roy N. Edwards and its Southerly extension to the South line of said Eighth Street; thence Easterly 125.75 feet along the Southerly line of said Eighth Street to the point of beginning. PARCEL 2: WeSt 37~5 feet of Lot 3 of Visels Addition, as per map thereof recorded in Book 3, Page 17 of Miscellaneous Maps, Records of Orange County, California. BE IT FURTHER RESOLVED: (1) That the City Council of the City of Santa Ana does hereby find, determine and declare that the public use, benefit, safety, economy and general welfare require that Eighth Street be widened as hereinabove set forth, and that the parcels hereinabove described are for said street widening and for street purposes, and further, that the public use, benefit, safety, economy and general welfare require the taking of said parcels for the reasons aforesaid. (2) That the City Council of the City of Santa Aha does hereby find, determine and declare that the public use, benefit, safety, -2- economy and general welfare require that those portions of said parcels remaining after providing the Northerly 31 feet of said parcels for the widening of Eighth Street also are necessary and required for the purpose of locating and constructing thereon public buildings and grounds for the use of the City of Santa Ana, and that it is therefom~necessary to acquire fee title in and to said property. (3) That the City Council hereby finds and declares that the public improvements herein being provided for are planned and located in a manner which will be most compatible with the greatest public good and least private injury. (4) The City of Santa Aha, a municipal corporation, is author- ized and empowered to provide for the construction, widening and improving of streets within the City limits and to acquire by eminent domain, under circumstances hereinabove set out, a fee simple estate in any parcel of ground necessary for such street construction and/or widening. (5) The City of Santa Aha is authorized and empowered to acquire, in the name of the City, a fee simple estate for the location of public buildings and grounds by the Code of Civil Procedure and the Constitution of the State of california. BE IT FURTHER RESOLVED: (1) The City of Santa Ana, 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. (2) The City Attorney is hereby ordered to bring an action in the name of the City of Santa Ana 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 -3- 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. (3) 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 Ana at its regular meeting held on the 19th day of March, 1962. ATTEST: dLERK 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 Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 19th day of March, 1962, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: NOES, COUNCILMEN: None ABSENT, COUNCILMEN: A. A. Hall Henry H. Schlueter, Dale H. Heiul~ Bob Brewer, Royal E. Hubbard CLERK OF THE COUNCIL -4-