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HomeMy WebLinkAbout97-036 - Certain Real Property at 1300 West Edinger AvenueRESOLUTION NO. 97- 036 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 1300 WEST EDINGER AVENUE, SANTA ANA FOR STREET WIDENING PURPOSES AND AUTHORIZING AND DIRECTING CONDEMNATION 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 Code of civil Procedure Section 1245.235; and WHEREAS, the City Council of the City of Santa Ana held a public hearing on those matters specified in its notice of intention to adopt a resolution of necessity and referred to in Code of Civil Procedure Section 1240.030, which include the following matters: (a) Whether the public interest 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, (c) Whether the property described herein is necessary for the proposed project; and (d) Whether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The public use for which the property is to be taken is the widening of Bristol Street between McFadden Avenue and st. Andrew Place Avenue ("the proposed project"). 2. The City of Santa Ana is authorized to acquire the property by eminent domain by Section 4090 of the Streets and Highway Code of the State of California and by sections 37350.5 and 40404 of the Government Code of the State of California. 284 RESOLUTION NO 97- 036 PAGE TWO 3. The property to be taken is located at 1300 West Edinger Avenue in the City of Santa Aha as shown on the map attached hereto as Exhibit A and incorporated herein by reference and is more specifically described in Exhibit B, attached hereto and incorporated herein by reference. 4. The City Council of the City of Santa Ana finds and determines as follows: (a) The public interest and necessity require the proposed project. (b) The proposed project is planned or located the manner that will be most compatible with the greatest public good and the least private injury. in (c) The above-described property is necessary for the proposed project. (d) The offer required by section 7267.2 of the Government Code of the State of California has been mad to the owners of record of the above-described property. 5. 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 security by way of money deposit as said court may direct and for an order permitting the City of Santa Aha to take possession and use of said real property for the uses and purposes herein described. / / / / / / / / / / / / / / RESOLUTION 97- hq6 PAGE THREE ADOPTED this 4th day of August , 1993.  L M. P~JLIDO ATTEST: COUNCILMEMBERS: PULIDO Aye RICHARDSON Aye ESPINOZA _Ab~ant FRANKLIN Aye LUTZ Aye MCGUIGAN Aye MORENO Nay APPROVED AS TO FORM: aosm,. ,. CITY ATTORNEY CERTIFICATE OF ORIGINALITY & PIJBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~ 7 -~-~ ~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: ~// City of Sant!Ana ~'~ AREA OF R/W TAKE: 5069 S.F. AREA OF EASEMENT: 2048 S.F. EDINGER AVENUE (SCALE 1"=50') 100' ' R=25,7 '-"--"---36' :i EXISTING BUILDING .j J PROPOSED R/W LINE~ LANDSCAPE EASEMENT --...~ 59' 25' 1300 W. EDINGER AP~ 408-273-12 RESOLUTION 97-036 LEGAL DESCRIPTION 28? Proposed Street R/W for AP 408-273-11 THAT PORTION OF THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF JUDGEMENTS 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 THE SOUTHEAST CORNER OF THE SEPULVEDA TRACT, AS PER MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING SHOWN AS THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, ON A MAP FILED IN BOOK 27, PAGE 44 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 0° 56' 28" WEST 649.44 FEET ALONG THE EAST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM L. BABYLON ET UX, RECORDED APRIL 2, 1937, IN BOOK 869, PAGE 254, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89° 46' 02" WEST 80.01 FEET ALONG THE SOUTH LINE OF SAID DEED TO A LINE 80.00 FEET WESTERLY OF THE EAST LINE OF SAID SECTION; THENCE NORTH 0° 56' 28" EAST 429.43 FEET PARALLEL WITH SAID SECTION LINE TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 40.00 FEET AMD A CENTRAL ANGLE OF 4' 20' 24"; THENCE NORTHERLY ALONG SAID CURVE 3.03 FEET; THENCE NORTH 3' 23' 56" WEST 34.81 FEET TO THE SOUTH LINE OF PARCEL 2 OF O.R. 86-529007, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89° 38' 15" EAST 82.75 FEET ALONG SAID SOUTH LINE AND ITS PROLONGATION TO EAST LINE OF SAID SECTION; THENCE SOUTH 0° 56' 28" WEST 467.01 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THOSE PORTIONS ALREADY DEDICATED FOR STREET PURPOSES. EXHIBIT B PAGE 1 of 2 RESOLUTION 97-036 LEGAL DESCRIPTION Proposed Landscape Easement for AP 408-273-11 THAT PORTION OF THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION OF THE RA/~CHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF JUDGEMENTS 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 THE SOUTHEAST CORNER OF THE SEPULVEDA TRACT, AS PER MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING SHOWN AS THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, ON A MJ~P FILED IN BOOK 27, PAGE 44 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORA/qGE COUNTY; THENCE SOUTH 0° 56' 28" WEST 649.44 FEET ALONG THE EAST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM L. BABYLON ET UX, RECORDED APRIL 2, 1937, IN BOOK 869, PAGE 254, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89° 46' 02" WEST 95.01 FEET ALONG THE SOUTH LINE OF SAID DEED TO A LINE 95.00 FEET WESTERLY OF THE EAST LINE OF SAID SECTION; THENCE NORTH 0° 56' 28" EAST 429.62 FEET PARALLEL WITH SAID SECTION LINE TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 4° 20' 24"; THENCE NORTHERLY ALONG SAID CURVE 1.89 FEET; THENCE NORTH 3° 23' 56" WEST 35.79 FEET TO THE SOUTH LINE OF PARCEL 2 OF O.R. 86-529007, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89° 38' 15" EAST 97.79 FEET ALONG SAID SOUTH LINE AND ITS PROLONGATION TO THE EAST LINE OF SAID SECTION; THENCE SOUTH 0° 56' 28" WEST 467.01 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THOSE PORTIONS ALREADY DEDICATED FOR STREET PURPOSES. EXHIBIT B PAGE 2 of 2