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HomeMy WebLinkAbout81-040CM:ms 3/10/Sl RESOLUTION NO. 81-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY AT 1002 E. SANTA ANA BOULEVARr., SANTA ANA FOR INTERCITY COMMUTER STATION AND AUTHORIZING AND DIRECTING CONDEM3~ATION THEREOF WHEREAS, legal notice of intention to adopt a resolution of necessity to acquire the herein described real property by eminent domain was duly given by the City Council of the City of Santa Aha pursuant to and in compliance with requirements of S1245.235 Code of Civil Procedure; and WHEREAS, the City Council of the City of Santa Aha held a public hearing on those matters specified in its notice of intention to adopt a resolution of necessity and referred to in S1240.030 Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, as follows: 1. The City Council finds and determines that the public interest and necessity require the acquisition by the City of Santa Ana of the fee simple title to that certain real property located in the City of Santa Ana, County of Orange, State of California, described in Exhibit "A" attsched hereto and by reference incorporated herein as though set forth in full herein for public use, namely for an intercity commuter station and related public uses. 2. The City Council finds and determines that said proposed public project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The City Council finds and determines that the acquisition of said real property is necessary for said project and public use. 4. The City Council further finds and determines that it is necessary to acquire by eminent domain proceedings the fee simple estate in said real property for the aforesaid public purposes. The City of Santa Ana is authorized to acquire said real property by eminent domain pursuant to SS40404 et seq. of the Government Codej " The City Attorney of the City of Santa Aha is hereby directed to bring action in the Superior Court of the State of California in the name of the City of Santa Ana, to acquire by eminent domain proceedings, the fee simple estate in said real property for the aforesaid purposes. The City Attorney is authorized and instructed to do all things necessary for the acquisition of said real property including the making of application to said court for an order fixing the amount of RESOLUTION NO. 81-40 PAGE ~WO security by way of money deposit as said court may direct and for an order permitting the City of Santa ~a to take possession and use of said real property for the uses and purposes herein described. D/)OPTED this 16th day of March 1980, by the following vote: AYES: NOES: COUNCII/~EN: COUNCII~4EN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ABSENT: COUNCII~4EN: None ATTEST: APPROVED AS TO FOPS: CITY ATTOP=NEY EXHIBIT 'tA't PARCEL [: LOTS [2, [3, [6 AND [7 IN BLOCK "Ets OF HAWKINS ADDITION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK [3 PAGE 26 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA TOGETHER WITH THE EAST ONE-HALF OF THE ALLEY ADdOINING SAID LOTS ON THE WEST AS SHOWN ON SAID MAP. EXCEPT THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND SOUTHERLY 52.00 FEET FROM A LINE DESCRIBED AS HAVING A BEARING AND DISTANCE OF SOUTH 6~° 18f 0[" WEST [~2[.66 FEET IN A DEED TO THE CITY OF SANTA ANA, RECORDED DECEMBER [7, 1968 IN BOOK 8818 PAGE [97 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY CORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM ANY PORTIONS OF FRUIT STREET AJ~D LINCOLN STREET, ADJOINING SAID LAND ON THE SOUTH AND EAST RESPECTIVELY, WHICH MAY PASS BY A CONVEYANCE OF SAID LAND. PARCEL THAT PORTION OF LINCOLN AVENUE AND FRUIT STREET ADdOINING BLOC~ "E" OF HAWKINS ADDITION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 PAGE 26 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, CALI- FORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SO .UTHEAST CORNER OF LOT 17 OF-SAID BLOCK "E"; THENCE ALONG THE EAST LINES OF LOTS [7, [6~ [3, AND 12 OF SAID BLOCK "Ef~ TO A LINE WHICH IS PARALLEL WITH AND SOUTHERLY 52.00 FEET FROM A LINE DESCRIBED AS HAVING A BEARING OF SOUTH 6~° 18~ 0[" WEST 1~21.66 FEET IN A DEED TO THE CITY OF SANTA ANA~ RECORDED DECEMBER [7~ [968, IN BOOK 88[8 PAGE Z97, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID PARALLEL LINE NORTH 6~° [8t 0[" EAST 27.5g FEET TO THE CENTERLINE OF SA~D LINCOLN AVENUE, BEING A LINE PARALLEL WITH AND EASTERLY~_~_0~_FEET FROM SAID EAST LINE OF SAID LOTS; THENCE ALONG SAID CENTER LINE OF LINCOLN AVENUE TO THE C~E~ER LINE OF FRUIT STREET; THENCE ALONG SAID CENTERLINE OF FRUIT STREET BEING A LINE PARALLEL WITH AND SOUTHERLY 20.00 FEET FROM THE SOUTH LINE OF SAID LOT [7; THENCE ALONG SAID PARALLEL LINE NORTH 89° 5.8t 57" WEST [57.66 FEET TO THE SOUTHERLY PROLONGATION OF THE CENTERLINE OF THE ALLEY ADJOINING SAID LOT [7 ON THE WEST; THENCE ALONG SAID CENTERLINE NORTH 0° ~[t I0" WEST 20.00 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT [7; THENCE ALONG SAID PROLONGATION AND SOUTHERLY LINE SOUTH 89° 58t 57" EAST [32.66 FEET TO THE POINT OF BEGINNING. PARCEL LOTS [5 AND L8 IN BLOCK E OF HAWKINS ADDITIONs TO SANTA AMAs IN THE CITY OF SANTA AMA, COUNTY OF ORANGE, STATE ~F CALIFORNIAs AS SHOWN ON A HAP THEREOF RECORDED IN BOOK [3s PAGE 26s'MISCELLANEOUS RECORDS OF LOS ANGELES COUNTYs CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF LOT ~ bESCRIBED.AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT [5; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT IS A DISTANCE DP 42.g9 FEET; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE NORTH LINE OF SAID LOT [5 WHICH IS g2.[~ FEET EASTERLY FROM SAID NORTHWEST CORNER~ THENCE NESTERLY ALONG THE NORTH LINE OF SAID LOT [5 A DISTANCE OF 92.[8 FEET TO'THE POINT OF BEGINNING. PARCEL THAT PORTION OF LOT [4 IN BLOCK E OF HAWKINS ADDITION, TO-SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGEs STATE OF CALIFORNIAs AS SHOWN ON A HAP THEREOF RECORDED IN BOOK [3s PAGE 26s HISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT [4 WHICH IS 32.82 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID LOT 14 AND RUN- NING$ THENCE EASTERLY ALONG SAID SOUTH LINE ~2.82 FEET TO SAID SOUTH- EAST CORNER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 14 A DISTANCE OF [5.79 FEET TO A POINT~ THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.