HomeMy WebLinkAbout66-004RESOLUTION 66-4 AUTHORIZING CONDEMNATION OF
RIGHT OF WAY FOR THE U-1-A STORM DRAIN CHANNEL
WHEREAS, in order to continue the construction of storm
drains within the City of Santa Ana it is necessary to acquire
certain rights of way for the U-1-A Drain Channel.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of
the City of Santa Ana hereby finds and determines that public
interest and necessity require the construction of certain drainage
facilities and require the acquisition of rights of way for the
location of such drainage facilities in, through, and over certain
parcels of real property in the City of Santa Ana, County of Orange,
State of California, described as:
PARCEL lA:
An easement for drainage purposes over the Westerly
16.00 feet of that portion of the land allotted to
Frederick W. Koll, as described in the Final Decree
of Partition of the Rancho Santiago de Santa Ana, which
was entered September 12, 1868, in Book "B", Page 410,
of Judgments of the District Court of the 17th Judicial
District in and for Los Angeles County, California,
described as follows:
Beginning at a point in the center line of Grand Avenue,
90.00 feet wide, said point being distant Southerly
1241.24 feet from the common corner of Sections 17, 18,
19 and 20, Township 5 South, Range 9 West, San Bernardino
Base and Meridian; thence Southerly along said center
line 738.97 feet to the Southeast corner of Parcel 3 as
described in the deed to Francis M. Thomas and wife
recorded October 23, 1934, in Book 711, page 70 of
Official Records; thence North 89° 20' 15" West along
the South line of Parcel 3 as described in said deed
1179.50 feet to a point in the Easterly line of the right
of way of the Santa Aha and Newport Railway Company; thence
North along the Easterly line of said right of way 738.97
feet to a point which is North 89° 20' 15" West from the
point of beginning; thence South 89° 20' 15" East 1179.46
feet to the point of beginning.
EXCEPTING THEREFROM that portion lying Northerly of the
Easterly prolongation of the Southerly line of Edinger
Avenue, as shown on the Map of Tract 5286, recorded in
Book 188, pages 22 and 23 of Miscellaneous Maps, records
of Orange County, California.
PARCEL lB:
A temporary easement to be used in conjunction with
construction of a drainage channel from Edinger Avenue
Southerly to Warner Avenue over the Easterly 25.00 feet of
the Westerly 41.00 feet of that portion of the land
allotted to Frederick W. Koll, as described in the Final
Decree of Partition of the Rancho Santiago de Santa Ana,
which~s entered September 12, 1868, in Book "B", page 410
of Judgments of the District Court Of the 17th Judicial
District in and for Los Angeles County, California,
described as follows:
Beginning at a point in the center line of Grand Avenue,
90.00 feet wide, said point being distant Southerly
1241.24 feet from the common corner of Sections 17, 18,
19, and 20, Township 5 South, Range 9 West, San Bernardino
Base and Meridian; thence Southerly along said center line
738.97 feet to the Southeast corner of Parcel 3 as
described in deed to Francis M. Thomas and wife recorded
October 23, 1934 in Book 711, page 70 of Official Records;
PARCEL lC:
thence North 89° 20' 15" West along the South line of
Parcel 3 as described in said deed 1179.50 feet to a
point in the Easterly line of the right of way of the
Santa Aha and Newport Railway Company: thence North along
the Easterly line of said right of way 738.97 feet to a
point which is North 89° 20' 15" West from the point of
beginning; thence South 89° 20' 15" East 1179.46 feet to
the point of beginning.
EXCEPTING THEREFROM that portion lying Northerly of the
Easterly prolongation of the Southerly line of Edinger
Avenue, as shown on the Map of Tract 5286, recorded in
Book 188, pages 22 and 23 of Miscellaneous Maps, records
of Orange County, California.
Said temporary easement will terminate upon completion
and acceptance by the City of Santa Ana of said drainage
channel from! Edinger Avenue to Warner Avenue.
An easement for drainage purposes over the Westerly 16.00
feet Of that portion of the land allotted to Frederick W.
Koll, as described in the Final Decree of Partition of
the Rancho Santiago de Santa Ana, which was entered
September 12, 1868 in Book "B", page 410 of Judgments of
the District Court of the 17th Judicial District in and
for Los Angeles County, California, described as
follows:
Beginning at a point in the center line of Grand Avenue,
90.00 feet wide, said point being distant Southerly
1241.24 feet from the common corner of Sections 17, 18,
19 and 20, Township 5 South, Range 9 West, San Bernardino
Base andMeridian; thence Southerly along said center line
738.97 feet to the Southeast corler of Parcel 3 as
described in the deed to Francis M. Thomas and wife
recorded October 23, 1934 in Book 711, page 70 of Official
Records; thence North 89° 20' 15" West along the South
line of Parcel 3 as described in said deed 1179.50 feet
to a point in the Easterly line of the right of way of
the Santa Ana and Newport Railway Company; thence North
along the Easterly line of said right of way 738.97 feet
to a point which is North 89° 20' 15" West from the point
of beginning; thence South 89° 20' 15" East 1179.46 feet
to the point of beginning.
EXCEPTING THEREFROM that portion lying Southerly of the
Easterly prolongation of the Northerly line of Edinger
Avenue, as shown on the Map of Tract 5286, recorded in
Book 188, pages 22 and 23 of Miscellaneous Maps, records
of Orange County, California.
A temporary easement to be used in conjunction with con-
struction of a drainage channel from Edinger Avenue
Southerly to Warner Avenue over the Easterly 25.00 feet of
the Westerly 41.00 feet of that portion of the land
allotted to Frederick W. Koll, as described in the Final
Decree of Partition of the Rancho Santiago de Santa Ana,
which was entered September 12, 1868 in Book "B", page 410
of Judgments of the District Court of the 17th Judicial
District in and for Los Angeles County, California,
described as follows:
Beginning at a point in the center line of Grand Avenue,
90.00 feet wide, said point being distant Southerly
1241.24 feet from the common corner of Sections 17, 18,
19, a~d 20, Township 5 South, Range 9 West, San Bernardino
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Base and Meridian; thence Southerly along said center
line 738.97 feet to the Southeast corner of Parcel 3 as
described in deed to Francis M. Thomas and wife recorded
October 23, 1934, in Book 711, page 70 of Official Records;
thence North 89° 20' 15" West along the South line of
Parcel 3 as described in said deed 1179.50 feet to a
point in the Easterly line of the right of way of the
Santa Ana and Newport Railway Company; thence North along
the Easterly line of said right of way 738.97 feet to a
point which is North 89° 20' 15" West from the point of
beginning; thence South 89° 20' 15" East 1179.46 feet to
the point of beginning.
EXCEPTING THEREFROM that portion lying Southerly of the
Easterly prolongation of the Northerly line of Edinger
Avenue, as shown on the Map of Tract 5286, recorded in
Book 188, pages 22 and 23 of Miscellaneous Maps, records
of Orange County, California.
Said temporary easement will terminate upon completion
and acceptance by the City of SantaAna of said drainage
channel from Edinger Avenue to Warner Avenue.
PARCEL 2A:
PARCEL 2B:
An easement for drainage purposes over the Westerly 16.00
feet of the Northerly 456.76 feet of that portion of the
land allotted to Frederick W. Koll, as described in the
Final Decree of Partition of the Rancho Santiago de Santa
Ana, which was entered September 12, 1868 in Book "B",
page 410 of Judgments of the District Court of the 17th
Judicial District in and for Los Angeles County, California,
described as follows:
Beginning at a point on the East line of Section 19, in
Township 5 South, Range 9 West, San Bernardino Base and
Meridian, distant 1979.46 feet South of the Northeast
corner of said Section, said point of beginning being the
Southeast corner of a tract of land conveyed to Frank M.
Thomas by deed recorded in Book 42, page 365, Deeds;
thence South along said Section line 2031.28 feet, more
or less, to the Northeast corner of tract of land conveyed
to James F. Smith by deed recorded in Book 78, page 255,
Deeds; thence West along the North line of said Tract,
1179.5 feet to the East line of the right of way of the
Santa Ana and Newport Railway Company; thence North along
said East line 2035.00 feet, more or less, to the South
line of Tract conveyed to Frank M. Thomas as aforesaid;
thence East 1179.5 feet to the point of beginning.
An easement for drainage purposes over that portion of
the land allotted to Frederick W. Koll, as described in
the final Decree of Partition of the Rancho Santiago de
Santa Aha, which was entered September 12, 1868 in Book "B",
page 410 of Judgments of the District Court of the 17th
Judicial District in and for Los Angeles County, California,
described as follows:
Beginning at the intersection of the East line of the
right of way of the Santa Aha and Newport Railway Company,
with a line parallel with and 456.76 feet Southerly,
measured at right angles, from the South line of the land
described in the deed to Frank M. Thomas, recorded in
Book 42, page 365 Of Deeds; thence Easterly along said
parallel line, 30.00 feet; thence Southwesterly to a
point in the East line of the right of way of the Santa
Ana and Newport Railway Company, said point being 70.00
feet South of the point of beginning; thence North 70.00
feet to the point of beginning.
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PARCEL 2C ~
PARCEL 2D:
EXCEPTING THEREFROM that portion lying Easterly of a line
that is parallel with and distant Easterly 16.00 feet,
measured at right angles, from said Easterly line of the
right of way of the Santa Ana and Newport Railway Company.
A temporary easement to be used in conjunction with con-
struction of a drainage channel from Edinger Avenue south-
erly to Warner Avenue over the Easterly 25.00 feet of the
of the Westerly 41.00 feet of the Northerly 456.76 feet of
that portion of the land allotted to Frederick W. Koll,
as described in the Final Decree of Partition of the
Rancho Santiago de Santa Ana, which was entered
September 12, 1868 in Book "B", page 410 of Judgments of
the District Court of the 17th Judicial District in and
for Los Angeles County, California, described as follows:
Beginning at a point on the East line of Section 19,
Township 5 South, Range 9 West, San Bernardino Base and
Meridian, distant 1979.46 feet South of the Northeast
corner of said section, said point of beginning being the
Southeast corner of a tract of land conveyed to Frank M.
Thomas by deed recorded in Book 42, pge 365, Deeds;
thence South along said section line, 2031.28 feet, more
or less, to the Northeast corner of tract of land conveyed
to James F. Smith by deed recorded in Book 78, page 255,
Deeds; thence West along the North line of said Tract,
1179.5 feet to the East line of the right of way of the
Santa Aha and Newport Railway Company; thence North along
said East line 2035.00 feet, more or less, to the South
line of Tract conveyed to Frank M. Thomas as aforesaid;
thence East 1179.5 feet to the point of beginning.
Said temporary easement will terminate upon completion and
acceptance by the City of Santa Aha of said drainage
channel from Edinger Avenue to Warner Avenue.
A temporary easement to be used in conjunction with
construction of a drainage channel from Edinger Avenue
southerly to Warner Avenue over that portion of the
land allotted to Frederick W. Koll, as described in the
Final Decree of Partition ~ the Rancho Santiago de Santa
Aha, which was entered September 12, 1868 An Book "B",
page 410 of Judgments of the District Court of the 17th
Judicial District in and for Los Angeles County,
California, described as follows:
Beginning at the intersection of the East line of the
right of way of the Santa Ana and Newport Railway Company,
with a line parallel with and 456.76 feet Southerly,
measured at right angles, from the South line of the land
described in the deed to Frank M. Thomas, recorded in
Book 42, page 365 of Deeds; thence Easterly along said
parallel line, 30.00 feet; thence Southwesterly to a point
in the East line of the right of way of the Santa Ana
and Newport Railway Company, said point being 70.00 feet
South of the point of beginning; thence North 70.00 feet
to the point of beginning.
EXCEPTING THEREFROM that portion lying Westerly of a line
that is parallel with and distant Easterly 16.00 feet,
measured at right angles, from said Easterly line of the
right of way of the Santa Ana and Newport Railway Company.
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PARCEL 3A:
PARCEL 3B:
An easement for drainage purposes over the Westerly 16.00
feet of that portion of the land allotted to Frederick W.
Koll, as described in the Final Decree of Partition of
the Rancho Santiago de Santa Aha, which was entered
September 12, 1868 in Book "B", page 410 of Judgments of
the District Court of the 17th Judicial District in and
for Los Angeles County, California, described as follows:
Beginning at a point on the East line of Section 19, in
Township 5 South, Range 9 West, San Bernardino Base and
Meridian, distant 1979.46 feet South of the Northeast
corner of said Section, said point of Beginning being the
Southeast corner of a tract of land conveyed to Frank M.
Thomas by deed recorded in Book 42, page 365, Deeds,
records of said Orange County, thence South along said
Section line, 2031.28 feet, more or less, to the Northeast
corner of tract of land conveyed to James F. Smith by deed
recorded in Book 78, page 255, Deeds, records of said
Orange County; thence West along the North line of said
tract, 1179.5 feet to the East line of the right of way
of the Santa Aha and Newport Railway Company; thence
North along said East line 2035.00 feet, more or less,
to the South line of tract conveyed to Frank M. Thomas
as aforesaid; thence East 1179.5 feet to the point of
beginning, except that parcel of land conveyed to John A.
Fitzpatrick and others by deed recorded October 3, 1924,
in Book 544, page 113, Deeds, records of said Orange
County.
ALSO EXCEPTING THEREFROM that portion described in deed
to Divco-Wayne Industries, Inc., recorded December 1,
1964 in Book 7325, page 519 of Official Records.
A temporary easement to be used An conjunction with
construction of a drainage channel from Edinger Avenue
Southerly to Warner Avenue over the Easterly 25.00 feet
of the Westerly 41.00 feet of that portion of the land
allotted to Frederick W. Koll, as described in the Final
Decree of Partition of the Rancho Santiago de Santa Ana,
Which was entered September 12, 1868 in Book "B", page 410
of Judgments of the District Court of the 17th Judicial
District in and for the Los Angeles County, California,
described as follows:
Beginning at a point on the East line of Section 19, in
Township 5 South, Range 9 West, San Bernardino Base and
Meridian, distant 1979.46 feet South of the Northeast
corner of said Section, said point of beginning being the
Southeast corner of a tract of land conveyed to Frank M.
Thomas by deed recorded in Book 42, page 365, Deeds,
records of said Orange County, thence South along said
Section line, 2031.28 feet, more or less, to the Northeast
corner of tract of land conveyed to James F. Smith by deed
recorded in Book 78, page 255, Deeds, records of said
Orange County; thence West along the North line of said
tract, 1179.5 feet to the East line of the right of way
of the Santa Aha and Newport Railway C(anpany; thence
North along said East lane 2035.00 feet, more or less,
to the South line of tract conveyed to Frank M. Thomas as
aforesaid; thence East 1179.5 feet to the point of
beginning, EXCEPT that parcel of land conveyed to JOHN A.
FITZPATRICK and others by deed recorded October 3, 1924,
in Book 544, page 113, Deeds, records of said Orange
County, California.
ALSO EXCEPTING THEREFROM that portion described in deed to
Divco-Wayne Industries, Inc., recorded December 1, 1964
in Book 7325, page 519 of Official Records.
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PARCEL 4A:
PARCEL 4B:
PARCEL 5A:
PARCEL 5B:
Said temporary easement will terminate upon completion
and acceptance by the City of Santa Aha of said drainage
channel from Edinger Avenue to Warner Avenue.
An easement for drainage purposes over the Westerly 16.00
feet of the Southerly 574.52 feet of Tract 726, as shown
on a Map recorded in Book 21, page 38, of Miscellaneous
Maps, records of Orange County, California.
A temporary easement to be used in conjunction with
construction of a drainage channel frc~ Edinger Avenue
southerly to Warner Avenue over the Easterly 25.00 feet
of the Westerly 41.00 feet of the Southerly 574.52 feet
of Tract 726, as shown on a Map recorded in Book 21, page
38 of Miscellaneous Maps, records of Orange County,
California.
Said temporary easement will terminate upon c~upletion
and acceptance by the City of Santa Ana of said drainage
channel from Edinger Avenue to Warner Avenue.
An easement for drainage purposes over the Easterly 16.00
feet of the Westerly 36.00 feet of that portion of the
land allotted to F. W. Koll in Decree of Partition of the
Rancho Santiago de Santa Aha, recorded in Book "B" of
Judgments of the 17th Judicial District Court of California,
in the City of Santa Aha, County of Orange, State of
California, described as follows:
Beginning at a point in the Southerly line of Section 19,
Township 5 South, Range 9 West, in said Rancho, distant
thereon North 89° 20' 00" West, 895.87 feet fr~ the
Southeast corner of said Section 19; thence along said
Southerly line, North 89° 20' 00" West, 298.63 feet to
the center line of the right of way of Newport Railroad;
thence along said center line North 639.30 feet; thence
parallel with aforesaid Southerly line of Section 19,
South 89° 20' 00" East, 298.63 feet; thence parallel
with said center line of said right of way, South 639.30
feet to the point of beginning.
A temporary easement to be used in conjunction with
construction of a drainage channel from Edinger Avenue
Southerly to Warner Avenue over the Easterly 25.00 feet
of the Westerly 61.00 feet of that portion of the land
allotted to F. W. Koll in Decree of Partition of the
Rancho Santiago de Santa Aha recorded in Book "B" of
Judgments of the 17th Judicial District Court of
California, in the City of Santa Ana, County of Orange,
State of California, described as follows:
Beginning at a point in the Southerly line of Section 19,
Township 5 South, Range 9 West, in said Rancho, distant
thereon North 89° 20' 00" West, 895.87 feet from the
Southeast corner of saidSection 19; thence along said
Southerly line, North 89" 20' 00" West, 298.63 feet to
the center line of the right of way of Newport Railroad;
thence along said center line North 639.30 feet; thence
parallel with aforesaid Southerly line of Section 19,
South 89° 20' 00" East, 298.63 feet; thence parallel with
said center line of said right of way, South 639.30 feet
to the point of beginning.
Said temporary easement will terminate upon completion
and acceptance by the City of Santa Aha of said drainage
channel from Edinger Avenue to Warner Avenue.
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PARCEL 5C:
An easement for street purposes over the Easterly
40.00 feet of the Westerly 60 feet of the Southerly
50.00 feet of that portion of the land allotted to
F. W. Koll in Decree of Partition of the Rancho Santiago
de Santa Aha, recorded in Book "B" of Judgments of the
17th Judicial District Court of California, in the City
of Santa Aha, County of Orange, State Of California,
described as follows:
Beginning at a point in the Southerly line of Section 19,
Township 5 South, Range 9 West, in said Rancho, distant
thereon North 89° 20' 00" West, 895.87 feet fr~m the
Southeast corner of said Section 19; thence along said
Southerly line, North 89° 20' 00" West, 298.63 feet to
the center line of the right of way of Newport Railroad;
thence along said center line North 639.30 feet; thence
parallel with aforesaid Southerly line of Section 19,
South 89° 20' 00" East, 298.63 feet; thence parallel with
said center line.of said right of way, South 639.30 feet
to the point of beginning.
BE IT FURTHER RESOLVED: That said City Council hereby finds
and declares that public interest and necessity require the construc-
tion of a structure for use in connection with said drainage facilities
on the real property next hereinabove described as Parcel 5C and
further require that Warner Avenue be widened to accommodate present
and future vehicular traffic on said street and therefor require the
acquisition of rights of way for drainage facilities and street
purposes in, through, and over the real property next hereinabove
described as Parcel 5C.
BE IT FURTHER RESOLVED:
1. That the City Attorney is hereby ordered to bring an
action in the name of the City of Santa Ana to condemn said property
necessary to be taken and to do all things necessary to prosecute
said action tO final determination;
2. That public interest, necessity, and convenience require,
and it is hereby ordered, that said City take immediate possession
and use of the property herein ordered to be acquired upon compliance
with requirements of law applicable thereto as rights of way for
public uae;
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 is authorized and empowered to
provide for drainage structures and rights of way for the removal
of storm waters from the City and to provide for the construction,
widening, and improving of streets within the City; and
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
Aha at its regular meeting held on the 3rd day of January, 1966.
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 Ana; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting held
on the 3rd day of January, 1966, and was at said meeting regularly
passed and adopted by the following vote, to wit:
AYES,
COUNCILMEN:
G,i[more, 5rooks, Burk, Herrin, Markel
McJ~chael, Harvey
NOES,
ABSENT,
COUNCILMEN:
COUNCILMEN:
CLERK OF THE COUNCIL
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