HomeMy WebLinkAbout61-127RESOLUTION NO. ~I~12/__AUTHORIZING CONDEMNATION OF
CERTAIN REAL PROPERTY SOUTH OF WESTMINSTER AVENUE
FOR THE CONSTRUCTION AND EXTENSION OF FAIRVIEW STREET
AND DECLARING THE NECESSITY THEREFOR~
WHEREAS, Fairview Street is presently proposed to be extended
South of Westminster Avenue 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 public interest and
necessity require that Fairview Street be extended Southerly from
Westminster Avenue, as shown on maps thereof on file in the office of
the Department of Public Works and herein referred to for greater de-
tail, to accommodate the demands of traffic, 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 iA: That portion of Lot 2, Tract Number 19, in the
City of Santa Ana, as shown on a map thereof recorded in
Book 9, Page 23, Miscellaneous Maps, Records of Orange County,
California, lying within a strip of land 100.00 feet wide the
center line of which is described as follows:
Commencing at the intersection of the center line of King
Street, 50.00 feet wide, with the center line of Eighth Street,
as shown on a licensed surveyor's map recorded in Book 22,
Page 37, Record of Surveys, in the office of the County Recorder
of said Orange County and running thence North 62° 30' West
20.00 feet; thence North 27° 30' East 321.59 feet to the
beginning of a tangent curve concave Westerly having a radius
of 1000.00 feet; thence Northerly along the arc of said curve
through a central angle of 46° 00' 00" a distance of 802.85
feet to a tangent line; thence North 18° 30' West along said
tangent line 175.07 feet.
Excepting therefrom that portion of said strip of land, 100.00
feet wide, lying within the following described property:
Beginning at a point in the Easterly line of said Lot 2, 75.00
feet Northeasterly from the Southeast corner of said Lot 2;
thence Northeasterly along said Easterly line 50.00 feet;
thence Westerly, parallel with the Southerly line of said
Lot 2, a distance of 165 feet; thence Southwesterly parallel
with the Easterly line of said Lot 2, a distance of 50.00 feet;
thence Basterly, parallel with the Southerly line of said Lot 2,
a distance of 165 feet to the point of beginning.
PARCEL lB:
land 108.00
fol lows:
That portion of said Lot 2 lying within a strip of
feet wide the center line of which is described as
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Commencing at the intersection of the center line of King
Street, 50.00 feet wide, with the center line of Eighth
Street, as shown on a licensed surveyor's map recorded in
Book 22, Page 37, Record of Surveys, in the office of the County
Recorder of said Orange County and running thence North 62' 30'
West 20.00 feet; thence North 27° 30' East 321.59 feet to the
beginning of a tangent curve concave Westerly having a radius
of 1000.00 feet; thence Northerly along the arc of said curve
through a central angle of 46° 00' 00" a distance of 802.85
feet to a tangent line; thence North 18° 30' West along said
tangent line 175.07 feet to the beginning of a tangent curve
concave Easterly having a radius of 1000.00 feet and to the
true point of'beginning; thence Northerly along the arc of said
curve through a central angle of 17~ 36' 15" a distance of
307.25 feet.
.pARCEL lC.: A triangular shaped parcel of land bounded South-
easterly by the Easterly line of said Lot 2; bounded South-
westerly by the East line of Parcel lA and bounded Northerly
by the South line of that portion of said Lot 2 described as
follows:
Beginning at a point in the Easterly line of said Lot 2, 75.00
feet Northeasterly from the Southeast corner of said Lot 2;
thence Northeasterly along said Easterly line 50.00 feet; thence
Westerly, parallel with the Southerly line of said Lot 2, a
distance of 165.00 feet; thence Southwesterly parallel with the
Easterly line of said Lot 2, a distance of 50.00 feet; thence
Easterly parallel with the Southerly line of said Lot 2, a
distance of 165.00 feet to the point of beginning.
PARCEL 2: That portion of Lot 9 of lands of S. H. Finley, in
the City of Santa Aha, as shown on a licensed surveyor's map
recorded in Book 2, Page 9, Record of Surveys, in the office of
the County Recorder of Orange County, California, bounded
Southwesterly by the following described line:
Beginning at a point in the center line of King Street, 50.00
feet in width, distant thereon North 27° 30' East 956.59 feet
from the intersection of said center line with the center line
of Eighth Street, as shown on a licensed surveyor's map recorded
in Book 22, Page 37, Record of Surveys, in the office of the
County Recorder of said Orange County, and running thence North
62° 30' west 291.99 feet, more or less, tO the Northwesterly
line of said Lot 9; bounded Northeasterly by a line 50.00 feet
East, measured at right angles from the following described
line:
Commencing at the intersection of the center line of King Street
with the center line of Eighth Street, as shown on a licensed
surveyor's map recorded inBook 22, Page 37, Record of Surveys,
in the office of the County Recorder of said Orange County and
running thence North 62° 30' West 20.00 feet to the true point
of beginning; thence North 27° 30' East 321.59 feet to the
beginning of a tangent curve concave westerly having a radius
of 1,000.00 feet; thence Northerly along the arc of said curve
through a central angle of 46° 00' 00" a distance of 802.85
feet to a tangent line; thence North 18° 30' West 50.00 feet;
and bounded Northwesterly by the Northwesterly line of said
Lot 9.
PARCEL 3: The Southeasterly 70.00 feet of that portion of
Lots 6 and 7, lands of S. H. Finley, in the City of Santa Aha,
as shown on a licensed Surveyor's map, recorded in Book 2,
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Page 9, Record of Surveys, in the office of the County
Recorder of Orange County, California, (for the purpose of
this description the Southeasterly line of said Lot 6 is
considered to be the center line of King Street, 50.00
feet wide) described as follows:
Beginning at the most Southerly corner of said Lot 6,
running thence North 53° 52' West, along the Southwesterly
line of said Lot 6, a distance of 295.50 feet to the most
Westerly corner thereof; thence North 27° 33' East along the
Northwesterly line of said Lots 6 and 7, a distance of
187.61 feet to a point; thence South 62° 30' East 291.99
feet to a point in the Southeasterly line of said Lot 6;
thence South 27° 30' West along said Southeasterly line
231.97 feet to the point of beginning.
Excepting therefrom that portion of said 70.00 feet pre-
viously dedicated for street purposes.
PARCF~L 4: The Easterly 70.00 feet of that portion of Lot 4
of Lands of S. H. Finley, in the City of Santa Aha, as shown
on a map of survey recorded in Book 2, Page 9, Record of
Surveys, in the office of the County Recorder of Orange
County, California, described as follows;
Beginning at the most Easterly corner of the land described
in the deed to Walter L. Lindauer and wife, recorded January
14, 1947, in Book 1497, Page 413, Official Records, in the
office of the County Recorder of said Orange County, said
point being on the center line of that certain street, now
known as Kin~ Street, adjoining said Lot 4 on the Southeast
and North 27 30' 00" East 235.63 feet frc~ the intersection
of the center line of said King Street, with the center line
of Fifth Street, as shown on said map;. thence Northwesterly
100.00 feet at right angles to the center line of said King
Street, along the Northeasterly line of said Lindauer land to
a line parallel with, and Northwesterly 100,00 feet measured
at right angles fro~ the center line of said King Street;
thence Northeasterly 60.00 feet along said parallel line;
thence Southeasterly 100.00 feet at right angles to said paral-
lel line to the center line of King Street; thence South-
westerly 60.00 feet to the point of beginning.
BE IT FURTHER RESOLVED: That with respect to that ~arcel of
real property hereinabove described as Parcels lA, lB and lC, 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
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 remain-
der of the whole parcel of land crossed which lies Easterly of said
proposed Fairview Street right of way and described as Parcel lC, for
the reason that said Easterly portion of said real property will be
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severed from that portion taken and said Easterly parcel will be left
in such a size, shape and condition as to require said City to pay
excessive compensation for the taking and severance of said parcel, if
said Easterly parcel be not so taken in an amount equal to the fair and
reasonable value of the whole parcel, and said City Council hereby finds
and declares that all of said parcel lying Easterly of proposed Fairview
Street and described as Parcel lC 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 des-
cribed, 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, ~ ~t is hereby ordered, that the City of Santa
Aha, a municipal corporation, Plaintiff in the condemnation action
ordered herein, take immediate possession and use of the property herein
ordered to be acquired upon compliance with the requirements 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.
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.
PASSED AND ADOPTED by the City Council of the City of Santa Ana
at its regular meeting held on the 15th day of May, 1961.
ATTEST: ~
CL~KOF THE cOuNCIL
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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 15th day of May, 1961, and was at said meeting regularly passed and
adopted by the following vote, to-wit:
AYES, COUNCILMEN:
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Royal E. Hubbard, Henry H. Sckluete~
Dale H. Heinly, Bob Brewer, A. A. H~ll
'CLERK OF ~H~. COUNCIL