HomeMy WebLinkAbout61-062 RESOLUTION NO. 61-62 AUTHORIZING CONDEMNATION OF
CERTAIN REAL PROPERTY FOR THE PURPOSE OF WIDENING
EDINGER AVENUE AND DECLARING THE INTENTION THEREOF..
WHEREAS, Edinger Avenue as it now exists West of Center Street
is inadequate in width to accommodate the flow of traffic presently
using said Avenue;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the
City of Santa Ana does hereby find and declare that the public interest
and necessity require that Edinger Avenue be widened on the North and
South sides, and further require that said City do have, take and
acquire fee simple title to certain parcels of land in the City of
Santa Ana, County of Orange, State of California, described as:
PARCEL 1: That portion of Lot 55 in Tract 1347 as shown on
a map thereof recorded in Book 42, Page 13, Miscellaneous Maps,
Records of Orange County, California, lying Southerly of a line
which is parallel with and 52 feet Northerly measured at right
angles frc~ the following described line:
Beginning at the point of intersection of the center line of
Edinger Street with the center line of Gordon Place as shown
on said map of Tract 1347 and running thence Northwesterly
along the arc of a curve, concave Northerly and tangent to the
center line of Edinger Street at the point of beginning, through
a central angle of 3° 10' 47", said cuzve having a radius of
1,200.00 feet, an arc distance of 66.60 feet to a tangent line;
thence Northwesterly along said tangent line 113.68 feet to the
beginning of a tangent cuzve concave Southerly having a radius
of 1,200.00 feet; thence Northwesterly and Westerly along the
arc of said curve through a central angle of 3° 10' 47" an arc
distance of 66.60 feet to a tangent line, said tangent line
being parallel with and 10 feet Northerly measured at right
angles from said center line of Edinger Street; thence Westerly
along said tangent linel00 feet. Excepting that portion lying
within the Westerly 150 feet of said Lot 55.
PARCEL iA: That portion of Lot 55 in Tract 1347 as shown on a
map thereof recorded in Book 42, Page 13, Miscellaneous ~4aps,
Records of Orange County, California, described as:
A spandrel shaped parcel of land bounded Southerly by the
Northerly line of Parcel 1, bounded Easterly by the Westerly
line of Gordon Place, bounded Northwesterly by the arc of a
curve concave Northwesterly having a radius of 15 feet and
tangent to said Southerly and Easterly boundaries.
PARCEL 2: Lot 45 in Block A of Tract No. 506, in the Santa
Ana Gardens Sanitary District, city of Santa Ana, California,
as shown on a map thereof recorded in Book 17, Pages 26 and 27,
Miscellaneous Maps, Records of Orange County, California.
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BE IT FURTHER RESOLVED: That with respect to that parcel of
real property hereinabove described as Parcel 2, the City Council of
the City of Santa Ana does hereby find and declare that the public use,
benefit, safety, econ~ny and general welfare 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 that cross said parcel, but that all of the remainder of
the whole parcel of land crossed which lies Southerly of said Edinger
Avenue right of way, for the reason that said Southerly portion of
said real property will be severed from that portion taken and said
Southerly parcel will be left in such size, shape and condition as to
require said City to pay excessive compensation for the taking and
severance of such parcel if said Southerly parcel be not so taken in
an amount equal to the fair and reasonable value of the whole Southerly
parcel, and said City Council hereby finds and declares that all of
said parcel lying South of Edinger Avenue is therefore necessary for
the public use and benefit as hereinabove recited.
BE IT FURTHER RESOLVED: That the City Attorney is hereby
ordered and directed to bring an action in the name of said City in
the Superior Court of the State of California, in and for the County
of Orange, to condemn said property necessary to be taken as herein
ordered and described, and to do all things necessary to prosecute
said action to final determination.
BE IT FURTHER RESOLVED: That the public interest, necessity
and convenience require, and it is hereby ordered, that the City of
Santa Ana, a municipal corporation, Plaintiff in the condemnation
action ordered herein, take immediate possession and use of the prop-
erty herein ordered to be acquired upon compliance with the require-
ments of the law applicable thereto~ that the City Attorney report
to the Director of Finance the amount of money required thereof, and
that the Director of Finance shall deposit said amount with the Clerk
of the Court.
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BE IT FURTHER RESOLVED: That the said action for condemnation
of said property so to be acquired 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.
BE IT FURTHER RESOLVED= That Resolution NO. 61-44 is hereby
rescinded.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 6%h . day of Mareh , 1961.
ATTEST:
.
CLERK OF ~HE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
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 6%h day of March , 1961, and was at said meeting regularly
passed and adopted by the following vote, to-wit:
COUNCILMEN: RoyalE. Hubbard~ Stanley C. Gould~ Jr.~
Dale H. Hei~ly~ Bob Brewer, A. A. Hsll
COUNCILMEN: None
COUNCILMEN: None
AYES,
NOES,
ABSENT,
CLERK OF THE COUNCIL
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