HomeMy WebLinkAbout63-151RESOLUTION 63-151 AUTHORIZING CONDF24NATION OF
PROPERTY AND OF VEHICULAR ACCESS RIGHTS OF
INGRESS AND EGRESS TO AND FROM FIRST STREET
FOR THE CONSTRUCTION OF AN UNDERPASS AT THE
INTERSECTION OF THE SOUTHERN PACIFIC AND
SANTA FERAILROAD TRACKS WITH FIRST STREET
WHEREAS, after extensive study, it has been determined that
a grade separation is necessary at the intersection of First Street
with the Southern Pacific and Santa Fe railroad tracks because of
the present and increasing traffic hazard over the present crossing
at grade and because of the present traffic back-up when said
present crossing ks blocked by a train so that First Street, at and
adjacent to said grade crossing, is inadequate in present traffic
flow and is dangerous to life and property, which danger increases
with the increased flow of vehicular traffic on said street; and
WHEREAS, said grade separation has been awarded a priority
of "One" by the State of California for State contribution toward
the cost of said grade separation, and the City of Santa Ana must
acquire fee title to certain properties necessary for the construc-
tion of said grade separation and necessary for certain by-pass and
service roads and must acquire ingress and egress rights to and from
certain properties to First Street before an agreement can be
entered into with the State of California authorizing certain State
fund contributions for the construction of such grade separation
and before such construction can be commenced.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of
the City of Santa Ana does hereby find and determine that the public
interest, convenience and necessity require the acquisition in fee
simple of certain real properties and interests in real property for
the construction of a grade separation at the intersection of First
Street with the railroad tracks of the Southern Pacific Company and
the Atchison, Topeka and Santa Fe Railway Cc~apany, so that First
Street will pass under said tracks, and for the construction of
public streets in connection with said grade separation; that the
real properties and interests in real properties, the acquisition
of which is required by the public interest, convenience and necessity
for the uses and purposes hereinabove set forth, are situated in
the City of Santa Aha, County of Orange, State of California, and
are more particularly described as follows:
PARCEL 1:
PARCEL 2:
The Southerly 1.00 foot of Lot 9 in Block "E" of
Santa Ana Investment C~pany Tract No. 1, Humphrey's
Addition to Santa Aha, as shown on a map thereof
recorded in Book 11, Page 39, Miscellaneous Records
of Los Angeles County, California.
That portion of Lots 10, 11, and 12 in Block "E" of
Santa Ana Investment Company, Tract No. 1, Humphrey's
Addition to Santa Ana, as shown on a map thereof
recorded in Book 11, Page 39, Miscellaneous Maps,
Records of Los Angeles County, California, described
as follows:
Beginning at the Southwest corner of said Lot 10 and
running thence along the West line of said Lot 10,
North 0° 07' 58" East, a distance of 1.00 foot to a
line parallel with and 31.00 feet Northerly, measured
PARCEL 3:
PARCEL 4:
at right angles, from the center line of First Street;
thence along said parallel line North 88° 59' 26" East,
a distance of 125.06 feet, to a tangent curve concave
Northwesterly and having a radius of 25.00 feet; thence
Northeasterly along the arc of said curve through a
central angle of 89° 51' 38", an arc distance of 39.21
feet to a point of tangency on the East line of said
Lot 12; thence along said East line South 0° 07' 48"
West, a distance of 25.94 feet to the Southeast corner
of said Lot 12; thence alongothe South line of said
Lots 12, 11, and 10 South 89 59' 26" West, a distance
of 150.00 feet to the point of beginning.
All vehicular access rights of ingress and egress to
and from First Street to and fro~ the following described
property:
Ail that certain real property situated in the County of
orange, state of California, described as follows:
Lots 4 to 9 inclusive, in Block "B" of Bailey's Addition
to the town of Santa Ana, in the City of Santa Ana, as
shown on a map recorded in Book 21, Page 12, Miscellaneous
Records of Los Angeles County, California, together with
the North One-half (N.½) of the alley shown on said map
adjoining said lots on the South as abandoned by
resolution of the Board of Trustees of the City of Santa
Aha on January 8, 1934, and;
Lot 18 in Block "B" of Bailey's Addition to the town of
Santa Aha, in the City of Santa Aha, as shown on a map
thereof recorded in Book 21, Page 12, Miscellaneous
Records of Los Angeles County, California, and;
That portion Of Lot 17 in Block "B" of Bailey's Addition
to the town of Santa Ana, in the City of Santa Aha, as
shown on a map thereof recorded in Book 21, Page 12,
Miscellaneous Records Of Los Angeles County, California,
lying within the following described lands:
Beginning at the Northeast corner of said Lot 18; thence
from said point of beginning Southerly along the Easterly
line of said Lot 18, 41.74 feet to a point; thence
Northwesterly along a straight line to a point in the
Westerly line of said Lot 17, distant Southerly 1.53
feet from the Northwest corner of said Lot 17; thence
Northerly a distance of 1.53 feet to the Northwest corner
of said Lot 17; thence Easterly along the Northerly line
of said Lots 17 and 18 to the point of beginning;
together with the South One-half (S.½) of the alley
adjoining Lot 18 and the East 25 feet of Lot 17 on the
North as abandoned by resolution of the Board of Trustees
of the City of Santa Ana on January 8, 1934;
EXCEPTING frc~ that portion of Lot 17 that portion lying
Westerly of the Southerly prolongation of the West line
of Lot 9 in Block "B" of said Bailey's Addition.
That portion of Lots 1 and 13 and that portion of that
certain 14 foot alley all as shown in Block "A" of
Bailey's Addition to the town of Santa Aha, as shown on
a map thereof recorded in Book 21, Page 12, Miscellaneous
Records of Los Angeles County, California, described as
follows:
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PARCEL 5:
PARCEL 6:
Beginning at the intersection of the Easterly line of
said Lot 1 with a line that is parallel with and 35 feet
Southerly, measured at right angles, from the center line
of First Street, 70 feet wide, and running thence along
said Easterly line and its Southerly extension and along
the Easterly line of said Lot 13, South 14° 25' 30" East,
a distance of 298.19 feet, more or less, to the Southeast
corner of said Lot 13; thence along the South llne of
said Lot 13, South 89° 50' 03" West, a distance of 7.52
feet, more or less, to a line which is parallel with said
Easterly line and its extension of Lot 13, said parallel
line at its point of intersection with the South line of
said Lot l3 being a distance of 296.51 feet Easterly,
measured along said South line and its extension of said
Block "A", from the center line of Minnie Street, 50 feet
wide as shown on said Bailey's Addition; thence along said
last mentioned parallel line North 14° 25' 30" West, a
distance of 219.79 feet to a tangent curve concave
Southwesterly and having a radius of 506.07 feet; thence
Northwesterly along said curve through a central angle
of 9° 10', more or less, to its intersection with a line
which is parallel with and 35 feet Southerly, measured
at right angles fr~n the center line of First Street;
thence along said last mentioned parallel line North 89°
58' 38" East, 13 feet, more or less, to the point of
beginning.
All vehicular access rights of ingress and egress to and
from First Street to and from the following described
property:
All that certain real property situated in the State of
California, County of Orange, City of Santa Ana, described
as follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 in
Block "A" of Bailey's Addition to the town of Santa Ana,
as shown on a map thereof recorded in Book 21, Page 12,
Miscellaneous Records of Los Angeles County, California,
and all of that certain 14 foot alley in Block "A" of
said Bailey's Addition to the town of Santa Aha, as
shown on a map thereof recorded in Book 21, Page 12,
Miscellaneous Records of Los Angeles County, California,
lying between the Southerly prolongation of the Westerly
line of Lot 8 of said Block "A" and the Southerly
prolongation of the Easterly line of Lot 1 of said
Block "A".
Ail vehicular access rights of ingress and egress to and
from First Street to and from the following described
property:
All that certain real property situated in the City of
Santa Ana, County of Orange and State of California,
described as follows:
Those portions of the North One-half (N.½) of the
Northeast Quarter (N.E.¼) of Section 18, in Township 5
South, Range 9 West, in the Stafford and Tustin Allotment
of the Rancho Santiago de Santa Ana, and a portion of
Bailey's Addition to the town of Santa Ana, as shown on
a map thereof recorded in Book 21, Page 12, Miscellaneous
Records of Los Angeles County, California, described
as follows:
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PARCEL 7:
Beginning at a point on the North line of Section 18,
1219.02 feet West of the Northeast corner thereof, said
North line being the center line of East First Street;
thence East along the North line of said Section, 55 feet;
thence South at right angles 155 feet to a one-inch iron
pipe; thence South 5° 02' West 50.08 feet to a point
marked by a lead plug in a concrete block; thence South
74° 19' 55" West 55.95 feet to a point marked by a lead
plug in a concrete block, said point being in a line
extending frc~ the point of beginning Southerly to a
section of railroad rail set in the Easterly line of
the right of way of the Atchison, Topeka and Santa Fe
Railway Company, said right of way line being parallel
with and 25 feet Easterly from the main trac~ of said
railway company; thence South 0° 51' West along said
line 167.66 feet to said section of railroad rail;
thence Northwesterly along the Easterly line of said
railroad.right of way to its intersection with the North
line of said Section 18; thence East along said North
line to the point of beginning. (The basis of bearings
being the center line of First Street as due East and
West);
EXCEPTING THEREFROM the North 30 feet now in East First
Street.
Ail vehicular access rights of ingress and egress to
and from First Street to and from the following described
property:
Ail that certain real property situated in the City of
Santa Aha, County of Orange and State of California,
described as follows:
Those portions of the North One-half (N.½) of the
Northeast Quarter (N.E.¼) of Section 18, in Township 5
South, Range 9 West, in the Stafford and Tustin Allotment
of the Rancho Santiago de Santa Ana, and a portion of
Bailey's Addition to the town of Santa Ana, as shown on
a map thereof recorded in Book 21, Page 12, Miscellaneous
Records of Los Angeles County, California, described
as follows:
Beginning at the intersection of the Easterly line of
the right of way of the railroad company with the South
line of First Street, said intersection being 51.62 feet
East measured along said South line from the East line of
Santa Fe Street, as said street is shown upon the map
of Bailey's Addition to the town of Santa Aha, recorded
in Book 21, Page 12, Miscellaneous Records of Los Angeles
County, California, and 30 feet South of the North line
of said Section 18; thence South 14: 23' East 311.58
feet parallel with and 25 feet Northeasterly from the
center line of the main track of said railroad company
to a point; thence South 75° 37' West 1.50 feet to a
point; thence North 14° 23' West 154.58 feet parallel
with and 23.50 feet Easterly from the center line of said
main track to the face of the Southerly wall of the
brick building now located on said land; thence West
0.24 feet along the Southerly face of said wall to the
Southwest corner of said building; thence North 14° 05'
20" West 44.75 feet along the Southwesterly face of the
Southwesterly wall of said building to a point in a
line drawn 23.50 feet Northeasterly from and parallel to
the center line of said main track; thence North 14°
23' West 112.67 feet parallel with and 23.50 feet North-
easterly from the center line of said main track to the
said South line of First Street; thence East along the
said South line of First Street 1.55 feet to the point
of beginning.
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PARCEL 8:
PARCEL 9:
PARCEL 10:
That portion of the Northeast Quarter (N.E.¼) of
Section 18; in Township 5 South, Range 9 West, San
Bernardino Base and Meridian, deeded to Melade R.
Gabriel and Rachel Gabriel, husband and wife, by deed
recorded October 5, 1939, in Book 1014, Page 205, Official
Records, Records of Orange County, described as follows:
Beginning at the Southwest corner of said land described
in deed recorded October 5, 1939, in Book 1014, Page 205,
Official Records of said County; thence along the West
boundary of said land N O0° 37' 31" E, a distance of
61.32 feet; thence South 14° 25' 30" East, a distance
of 63.31 feet to a point in the Southerly boundary of
said land; thence along said Southerly boundary South 89°
58' 46" West, a distance of 16.44 feet to the point of
beginning.
Ail vehicular access rights of ingress and egress to and
frc~ First Street to and from the following described
property:
Ail that certain real property situated in the City of
Santa Aha, County of Orange, State of California, described
as follows:
Beginning at a point on the North line of Section 18,
in Township 5 South, Range 9 West, San Bernardino Base
and Meridian, in said Orange County, 1164.02 feet West
of the Northeast corner thereof, said North line being
the center line of East First Street; thence East along
the North line of said Section 141.94 feet; said point
being located 30 feet North of the Northwest corner of
land conveyed to Dorothy C. Brown, by deed recorded
August 10, 1917, in Book 308, Page 193, Deeds, Records
of said Orange County; thence South 364.5 feet; thence
West 196.94 feet to a point; said point being in a line
extended from a point in the North line of said Section
55 feet West of the point of beginning; Southerly to a
section of railroad set in the Easterly line of the
right of way of the Atchison, Topeka and Santa Fe Railway
Company; thence North 00° 51' East along said line 144.50
feet to a point marked by a lead plug in a concrete
block; thence North 74° 19' 55" East 55~95 feet to a
point marked by a lead plug in a concrete block; thence
North 5° 02' East 50.08 feet to a one-inch pipe; thence
North 155 feet to the point of beginning;
EXCEPTING THEREFROM that portion thereof lying within the
lines of East First Street as it existed prior to
September 10, 1954.
That portion of the land in Section 18, in Township 5
South, Range 9 West, San Bernardino Base and Meridian as
described in deeds to Dick A. Horton and Fern Lorraine
Horton, husband and wife, and Shelley B. Horton and Susan
B. Horton, husband and wife, recorded in Book 3642,
Page 571,and Book 3663, Page 585, Official Records of
Orange County, California, described as follows:
Beginning at the point of intersection of the South line
of the Northerly 16 feet of said land described in said
deeds, said South line being the South line of the portion
of said land granted in easement to the City of Santa Ana,
a Municipal Corporation, in a deed recorded February 17,
1955, in Book 2962, Page 558, Official Records, with the
West line of the Westerly 30 feet of Hathaway Street as
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PARCEL 11:
PARCEL 12:
deeded to the City of Santa Ana by a deed recorded
April 12, 1923, in Book 462, Page 343, Deeds, Records
of said Orange County; thence along said West line of
Hathaway Street South 0° 07' 48" West, a distance of
3.41 feet; thence North 84° 18' 15" West, a distance
of 34.32 feet to said South line; thence along said
South line North 89° 59' 25" East, a distance of 34.16
feet to the point of beginning.
Ail vehicular access rights of ingress and egress to and
from First Street to and from the following described
property:
Ail that certain real property situated in the City of
Santa Ana, County of Orange, State of California, described
as follows:
Beginning at a point 847.08 feet West and 30 feet South
of the common corner of Sections 7, 8, 18, and 17, in
Township 5 South, Range 9 West, San Bernardino Base and
Meridian, said point being in the center of Hathaway
Street, extended Southerly and running thence South along
said extended center line, 100 feet; thence West parallel
to the South line of First Street, a distance of 75 feet;
thence North and parallel to the West line of Hathaway
Street extended Southerly, a distance of 100 feet to the
South line of First Street; thence East along the South
line of First Street, a distance of 75 feet to the point
of beginning;
EXCEPTING THEREFROM the interest in the Easterly 30 feet
deeded to the City of Santa Ana for street purposes by
deed recorded April 12, 1923, in Book 462, Page 343,
Deeds, Records of said Orange county.
That portion of the North One-half (N.½) of the North-
east Quarter (N.E.¼) of Section 18, in Township 5 South,
Range 9 West, San Bernardino Base and Meridian, deeded
to Charles Arthur Bennett by a deed recorded June 15,
1932, in Book 558, Page 285, and by a deed to Charles
Arthur Bennett recorded December 30, 1935, in Book 794,
Page 285, Official Records of Orange County, California,
described as follows:
Commencing at the point of intersection of the center
line of First Street, as said street existed prior to
1954, with the center line of Hathaway Street, 60 feet
wide, as described in a deed to the City of Santa Ana,
recorded April 12, 1923, in Book 462, Page 343, Deeds,
Records of said County; thence along said center line of
said Hathaway Street South 0° 07' 48" West, a distance of
424.46 feet; thence North 89° 59' 26" East, a distance of
80 feet, more or less, to the East line of said property
conveyed to Russell G. McLean and Grace E. McLean
recorded May 24, 1957, in Book 3921, Page 41 of said
Official Records and to the True Point of Be~inninq;
thence North 89° 59' 26" East, a distance of 238.76 feet,
more or less, to the beginning of a tangent curve concave
to the Northwest and having a radius of 180 feet; thence
Easterly along said curve through a central angle of
30° 47' 55", an arc distance of 96.76 feet; thence North
59°11' 31" East, a distance of 6.80 feet to the beginning
of a tangent curve concave to the South and having a
radius of 25 feet; thence Easterly along said curve
through a central angle of 88° 17' 55", an arc distance
of 38.53 feet to a point of cusp in and tangent to the
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PARCEL 13:
West line of Grand Avenue, 80 feet wide, as described
in a deed to the City of Santa Ana, recorded October 27,
1953, in Book 2602, Page 197, said Official Records;
thence along said West line of said Grand Avenue North
32° 30' 34" West a distance of 35.27 feet to the beginning
of a tangent curve concave to the Northeast and having
a radius of 640 feet; thence along said curve through a
central angle of 6° 26' 44", an arc distance of 72 feet to
a point of cusp in a tangent curve concave to the North-
west having a radius of 25 feet, a radial line from said
point of cusp bearing North 63° 56' 10" East; thence
Southerly along said last mentioned curve through a
central angle of 85° 15' 21" an arc distance of 37.20
feet; thence South 59° 11' 31" West a distance of 7.74
feet to the beginning of a tangent curve concave to the
Northwest and having a radius of 120 feet; thence
Westerly along said curve through a central angle of 30°
47' 55" an arc distance of 64.50 feet; thence South 89°
59' 26" West a distance of 240.58 feet, more or less, to
said East line of the land conveyed to McLean; thence
along said East line South 00° 07' 48" West, a distance
of 60 feet to the True Point of Beqinninq.
That portion of the North One-half (N.½) of the Northeast
Quarter (N.E.¼) of Section 18, An Township 5 South, Range
9 West, San Bernardino Base and Meridian, deeded to
Charles Arthur Bennett by deed recorded June 15, 1932, in
Book 558, page 285, Official Records of Orange County,
California, described as follows:
C~mmencing at the point of intersection of the center line
of First Street, as said street existed prior to 1954,
with the center line of Hathaway Street, 60 feet wide, as
described in a deed to the City of Santa Aha, recorded
April 12, 1923, in Book 462, Page 343, Deeds, Records of
said County; thence along said center line of said
Hathaway Street So~h 0° 07' 48" West, a distance of
149.07 feet; thence South 89° 52' 12" East, a distance
of 30 feet to a point in the East line of said Hathaway
Street; thence North 0° 07' 48" East, a distance of 10.95
feet to a point in a non tangent curve concave to the
Southeast and having a radius of 17 feet, a radial line
at said point bearing South 49° 45' 03" East; thence
Northeasterly along said curve through a central angle of
24° 12' 06", an arc distance of 7.18 feet to a point of
reverse curve, said reverse curve being concave to the
West and having a radius of 43 feet; thence Northerly
along said reverse curve through a central angle of
130° 06' 08", an arc distance of 97.64 feet to a point of
cusp, a radial line from said point of cusp bearing South
24° 20' 55" West; thence South 84° 18' 15" East, a
distance of 45 feet, more or less, to the East line of
that certain parcel of land conveyed to Russell G. McLean
and Grace E. McLean, recorded May 24, 1957, in Book 3921,
Page 41, said Official Records and to the True Point of
Beqinninq; thence South 84° 18' 15" East, a distance of
66.86 feet, more or less, to the beginning of a tangent
curve concave to the North and having a radius of 810
feet, said point of tangency to said curve being South
84° 18' 15" East, a distance of 111.86 feet from said
point of cusp; thence Easterly along said curve through
a central angle of 5° 43' 08" an arc distance of 80.85
feet; thence North 89° 58' 37" East, a distance of 82.23
feet to the beginning of a tangent curve concave to the
Southwest and having a radius of 25 feet; thence
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Southeasterly along said curve through a central angle
of 84° 19' 14", an arc distance of 36.79 feet to a point
in the West line of Grand Avenue, 80 feet wide, as
described in deed to the City of Santa Ana, recorded
October 27, 1953, in Book 2602, Page 197, of said Official
Records, and to a point of cusp, and to a tangent curve
concave Easterly, having a radius of 640 feet, the radial
to said curves at said point of cusp bears North 84° 17'
51" East; thence Northerly along the arc of said curve
which is parallel with and 40 feet Westerly measured at
right angles, from said center line of Grand Avenue, an
arc distance of 44 feet, more or less, to the South line
of that parcel of land as granted to the City of Santa Ana
by a deed recorded October 13, 1954, Book 2841, Page 80,
in said Official Records, said South line being 50 feet
Southerly of the North line of said Section 18; thence
South 89 59' 26" West, a distance of 252 feet, more or
less, to said East line of said land conveyed to McLean;
thence along said East line South 0° 07' 48" West, a
distance of 10 feet, more or less, to the True Point of
beqinninq.
BE IT FURTHER RESOLVED:
1. That the City Attorney and John N. McLaurin, special
counsel e~ployed by the City of Santa Ana for the acquisition of said
rights of way, rights of access and fee title to land, are hereby
ordered and directed to bring an action in the name of the City of
Santa Ana to condemn fee simple title to property necessary to be
taken as herein provided for and to do all things necessary to
prosecute said action to final determination;
2. That the public interest, necessity and convenience
require, and it is hereby ordered, that the City take immediate
possession and use of the property and property rights herein ordered
to be acquired upon compliance with the requirements of the law
applicable thereto as to the access rights and fee title to property
as a necessary part of the right of way for public street use.
3. That said public improvement is planned and located in a
manner which will be most compatible with the greatest public good
and the least private injury;
4. That the City of Santa Ana, a municipal corporation, is
authorized and empowered to provide for the opening, extension,
construction and improvement of public streets and highways within
the City and to provide for other necessary public improvements, and
the City Council of the City of Santa Ana finds and determines that
the public improvement of First Street herein provided for is a
necessary and a public use, and that the taking of fee simple estate
in the properties to be acquired is necessary for the public use
herein provided for.
5. That said action in condemnation 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 3rd day of September, 1963.
ATTEST:
CLERK OF THE COUNCIL
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, DORIS M. BROWN, 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 3rd day of September, 1963, and was at said meeting regularly
passed and adopted by the following vote, to-wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Hubbard, Harvey, GiLmore, Schlueter, Hall
CL~RK OF THE COUNCIL
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