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HomeMy WebLinkAbout61-047RESOLUTION NO. 61~~ AUTHORIZING CONDEMNATION OF REAL PROPERTY SOUTH OF FIRST STREET FOR THE CON- STRUCTION OF PROPOSED FAIRVIEW STREET ~EREAS, Fairview Street is presently proposed to be extended 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 use, benefit, safety, economy and general welfare require Fairview Street be extended southerly from First Street, as shown on maps thereof on file in the office of the Department of Public Works, and herein referred to for greater detail, to accommodate the demands of traffic, and further require that said City do have, take and acquire in fee simple for said street purpose not only the actual right of way necessary for said street, uses and structures, but all of the remain- der of th%' whole parcel of land crossed which lies West of the East- erly Right of Way line of said proposed Fairview Street, for the reason that said Westerly portion of said real property will be severed from the larger parcel lying East of said proposed Fairview Street, and said Westerly parcel will be left in such size, shape and condition as to require said City to pay excessive compensation for the taking in severance of such parcel from the larger parcel, so as to require said City to pay excessive compensation if said Westerly parcel be not so taken in an amount equal to the fair and reasonable of the whole Westerly parcel, and said City Council hereby finds and declares that all of said parcel lying West of said proposed Fairview Street is therefore necessary for the public use and benefit, as hereinabove re- cited, and lies in the City of Santa Ana, County of Orange, State of California, 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: -1- PARCEL 1: A rectangular shaped parcel of land bounded North- erly 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 732.21 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. EXCEPTING that portion previously granted for street. PARCEL 2. An irregular shaped parcel of land bounded by Parcel 1; 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 Rancho Las Bolsas; bounded Southerly by the North line of the South Five Chains of Lot 1 of the Sepulveda Tract, as shown on a map thereof 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 8~° 53' 25" West ~16.03 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 1,23S.97';thence Southwesterly along the arc of said curve through a central angle of 34° 52' 44". PARCEL 3. Beginning at the 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 00° 41' 50" West 91.32 feet to the beginning of a tangent curve concave Southeasterly having a radius of 23.00 feet; thence Northeasterly along the arc of said curve through a central angle of S9° 35' 15" to a tangent line, said tangent line being the South line of Parcel 1; thence South S8° 53' 25" West along said South line of Parcel 1 a distance of 31.52 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 to 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 the public improvement herein being provided for is planned and -2- 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, Plain- tiff in the condemnation action ordered herein, take immediate posses- sion and use of the property herein 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 name of the City of Santa Ana in the Superior court of the State of California, in and for the County~ Orange, t© 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 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 20th day of February, 1961. ATTEST: 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 Aha; that the foregging Re~olut~o~. was regularly introduced to said Council at its regular mee=ing e£~ on th~ 20~h ~ay of February, 1961, and was at said meeting regularly passea ana aGopted by the Tollowing vote, to-wit: AYES, NOES, COUNCILMEN: Royal E. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. Hall COUNC ILMEN-~' None ABSENT, COUNCIL~IEN: None --3-- · ~ERK OF Tk~.' COUNCIL