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HomeMy WebLinkAbout76-111RESOLUTION NO. 76- 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET WIDENING AND DRAINAGE FACILITIES IN THE SILVER ACRES AREA OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, in order to provide for better and safer traffic circulation and provide adequate drainage facilities, it has become necessary to widen and improve certain streets, including Cooper Street; and to acquire right of way as necessary for the construction, installation and maintenance of drainage facilities within the Silver Acres area of the City of Santa Ana. WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the property described herein, and all persons whose names appear as record owners on the litigation guarantee reports for said property, were given notice and an opportunity to be heard pursuant to Code of Civil Proce- dure Section 1245.235; and WHEREAS, a public hearing was held by the City Council on Septembe~ 20, 19 ?6 , at which the matters set forth in Code of Civil Procedure Section 1240.030 were ~i-scussed, including the following matters: (a) Whether the public interests and necessity require the proposed project; (b) Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property described herein is necessary for the proposed project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana that it finds and determines the following: 1. The City is specifically authorized by virtue of Gover)vment Code Code Section 40404 et seq. amd Streets and Highways Code Sections 5023.1 and 5101 to take property by condemnation for street widening purposes; and 2. The public interest and necessity require for public use the acquisition, construction, completion, operation and maintenance by said City of Santa Ana, of certain public improvements, to wit: A right of way for street widening purposes. 3. The property described herein is located within the City of Santa Aha as depicted by the maps and legal descriptions attached hereto as EXhibits A, B, and C, and incorporated herein by reference, and is necessary for the proposed project. Said property is more particularly described as follows. Legal Description of A.P. 99-231-16, Parcel 1 A temporary easement for construction purposes over: The Southerly 20 feet of the Northerly 26 feet of the East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5, South, Range l0 West, SBB&M. Excepting therefrom the Westerly 30 feet thereof. RESOLUTION NO. 111 PAGE TWO Legal Description of A.P. 99-231-16, Parcel 2 A perpetual right and easement to construct, install, maintain, repair, renew, replace, operate and use storm drain facilities, together with appurtenances thereto, of any size or materials, in, upon, under, along and across, and the right of ingress and egress in, upon, over and through the following described parcel of real property: The Northerly 6 feet of the following described property: The East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5 South, Range 10 West, SBB&M, situate in the City of Santa AAa, County of Orange, State of California. Excepting therefrom the South 1188 feet thereof. EXCEPTING THEREFROM thn Westerly 30 feet thereof. Legal Description of A.P. 99-231-16, Parcel 3 The Westerly 30 feet of the East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5 South, Range l0 West, SBB&M. Excepting therefrom the Southerly 1188 feet. 4. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 5. The City of Santa AAa will devote the above described property to the stated purpose within seven years from the passage of the resolution. 6. The City Attorney for the City of Santa AAa is hereby directed to bring action in the Superior Court of the State of California in the name of the City of Santa AAa, to condemn by eminent domain proceedings, the property described in section 3 herein. The City Attorney is authorized and instructed to make application to said Court for an Order fixing the amount of security by way of money deposits as said Court may direct and for an Order permitting the City of Santa AAa to take immediate possession and use of said real property for the uses and purposes herein described, together with the right to enter upon the part not taken where necessary for construction and severing purposes. ADOPTED this 20th ~ay of following votes: AYES: COUNCILMEN: Brandt, Garthe NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Evans September ., 1976, by the Ward, Bricken, Ortiz, Yamamoto, ATTEST: ~LOI~NCE I. MALONE' APPROVED AS TO FORM: CITY ATTORNEY Legal Description A. P. 99-231-16, Parcel 1 A temporary easement for construction purposes over: The Southerly 20 feet of the Northerly 26 feet of the East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section Township 5 South, Range 10 West, SBB&M. Excepting therefrom the Westerly 30 feet thereof. This dedication shall expire no later than October 1, 1977. EXHIBIT A 97.. ~'0 ' 97.. ~'0' I I Legal Description A. P. 99-231-16, Parcel 2 A perpetual right and easement to construct, install, maintain, repair, renew, replace, operate and use storm drain facilities, together with appurtenances thereto, of any size or materials, in, upon, under, along and across, and 'the right of ingress and egress in, upon, over and through the following described parcel of real property: The Northerly 6 feet of the follOWing described property: The East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5 South, Range 10 West, S.B.B.&M., situate in the City of Santa Ana, County of Orange, State of California. Excepting therefrom the South 1188 feet thereof. EXCEPTING THEREFROM the Westerly 30 feet thereof. Please see Exhibit "A" attached hereto and incorporated by reference herein. EXHIBIT B EXHIBIT "A" Together with the perpetual right and easement to discharge and conduct storm and surface drainage waters through said facilities, and to use and occupy said real property for said purposes. Together with the perpetual right to remove any and all trees and surface growth and debris within the above described real property; Together with the further right of the City of Santa Ana, its agents or representatives to enter upon and use a temporary construction area 20 feet in width along the entire length adjacent to the southerly side of said easement for the period of 1 year from the date the Order of Possession becomes effective for the proper and efficient excavation and use of earth, materials, supplies or equipment during the initial construction of said line or lines within the herein- above described perpetual easement area. Grantor hereby covenants and agrees on behalf of himself, his heirs, successors, and assigns, that neither he, nor any of them, shall construct or permit to be constructed any building or permanent structure within the real property described in the above paragraph, or make any permanent excavation, or permit any permanent excavation to be made within the above described real property. The City of Santa Ana agrees to indemnify and hold the grantor harmless from any liability arising out of the City's use of said perpetual easement and temporary construction areas; and further agrees, at its sole cost and exp6nse, to restore said property as nearly as practicable to its former state and condition upon completion of said construction, installation, maintenance and repair operations. EXHIBIT A OF EXHiBiT "B" I I I I I I ? 'EXIIIBIT 11" Legal Descripto.n A. P. 99-231-16, Parcel 3 The Westerly 30 feet of the East half of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 8, Township 5 South, Range 10 West, SBB&M. Excepting therefrom the Southerly 1188 feet. EXHIBIT C I I I I I