HomeMy WebLinkAbout57-314RESOLUTION NO. ~7-314 AUTHORIZING C.~0~N~D~N OF
CERTAIN PROPERTY FOR SEWER LINE FRO]~~ROAD
TO DELHI ROAD ON PROPOSED RAITT STREET
WHEREAS~, the City of Sauta Aha has determined the necessity for
the installation of a sanitary sewer line to service areas recently
annexed in the southwesterly part of the City; and
WHEREAS, after study by the engineer of the City, the location
of said sewer line has been determined and a portion of the right-of-
way for its installation and maintenance has been obtained, and it
was determined that the alignment and location of which the descript-
ions hereinbelow set out are a part was the alignment and area best
designed to service the properties in the vicinity of said sewer line,
and least likely to cause damage to properties in the area;
NOW, THE~W~EFORE, BE IT RESOLVED: That the City Council of the
City of Santa Ana does hereby find and determine that public interest
and necessity require that s~id City do have, acquire, and take per-
manent ease~uents across two of the parcels hereinbelow described for
the construction and maintenance of sewerage works' and appurtenances,
and across each of the properties he re inbelow described, a temporary
easement forthe purpose of constructing said sanitar~y sewerage works
and the installation of said line, which said temporary easement shall
terminate at the completion of the construction of said sanitary sewer;
that said easements are across, thrmgh and upon certain parcels of
the County of Or, ge, State of California described
real property in
PARCEL 1. A temporary easement for the purpose of construct-
ing a Sanitary Sewer over a 40.00 foot wide st~p of land the
west line of which is 15.00 feet easterly, measured at right
angles, from the following described line; beginning at a point
which bears North 1° 00. 20" west 1359.31'from a point on the
center line of Talbert Avenue which bears no~th 88° ~' 40"
east 2009.98 feet from the intersection of the center lines
of said Talbert Avenue and 01d F~rview Road; thence North 1°
03' 20" west 771.60 feet.
EXCEPTING that 10-foot strip described as "Parcel 3" in deed
from Antone Borchard and Anna A. Borchard, husband and wife,
to Santa Ana High School District of.9~ange County, recorded
August ll, 19~ in Book 3171, Page 14b, Official Records of
Orange County, Caltfomia.
PARCEL 2a. An easement for the construction and maintenance
of a sanitary sewer over a l~.O0 foot wide strip of land, the West
line of which is d escrlbed as follows:
BeEinning at a point which bears North 1° 00' 10" West 100.00
feet from a point on the center line of Talbert Avenue which bears
North 88° 4~' 40'' East 2004.92 feet from the intersection of the
center lines of said Talbert Avenue and 01d Fairview Road; thence
North 1° 00' 10" West 12~9.31 feet to the North line of Lot ? of
the Williams Tract as shown on a map recorded in Book 30, Page l~
of Deeds, Records of Los Angeles County, California.
PARCEL 2b. A temporary easement for the purpose of constructing
a sanitary sewer over a 42.00 foot wide strip of land, the West
line of which is 19.62 feet westerly, measured at right angles,
from the West line of Parcel l, and bounded at the North and
South ends by the extensions of the North and South lines of
Parcel l, respectively. This easement over Parcel 2 to terminate
as of March l~, 19~8.
PARCEL 3a. An easement for the construction and maintenance of
a Sanitary Sewer over that portion of the following described
property which lles within the boundaries of Lot 10, of the
Williams Tract as shown on a map recorded in Book 30, Page 14,
of Deeds, Records of Los Angeles Country, California.
A strip of land l~.00 feet wide, the westerly line of which
is ~.00 feet westerly, measured at right angles, from the follow-
ing described line.
Beginning at apoint on the center line of Delhi Road which
bears North 87° 4~' 4~" East 241~.12 feet from the intersection
of the center lines of said Delhi Road and Old Fairview Road,
and running thence South 1° 00' 20" East 311.03 feet; thence
South 6° 46' 06" West 2?6.30 feet; thence South 29° 48' 58" West
283.06 feet; thence South 31° 09, 30" West 236.60 feet; thence
South l?° 34' 16" West 236.~8 feet.
EXCEPTING that portion previously granted as street right-of-way
for Delhi Road.
PARCEL 3b. A temporary easement for the purpose of constructing
a Sanitary Sewer over a 2~.00 foot strip of land, the west line
of which is 2~.00 feet westerly measured at right angles from the
west line of Parcel A.
ALSO EXCEPTING that portion of Parcels A and B lying within Parcel
2 of the property Antone Borchar~i and Anna A. Borchard conveyed
to Santa Ana High School District of Orange Count~ as described
in a deed recorded August ll, 19~, in Book 3171, Page 146, Offi-
cial Records of Orange County.
ALSO EXCEPTING that portion c~ Parcels A and B lying within that
30 foot strip of land A. Manderscheid conveyed to the City of
Sa ta Ana, as shown on a Deed recorded October 21, 1946, in Book
l~S1, Page ~?~, Official Records of Orange County, California;
and that said temporary easement for sewer construction purposes only
shall terminate by ~pril 1st, 19~8, and shall then revert to the record
owner free of any encumbrance of said temporary easement.
BE IT FURTHER RESOLVED: That the City Council hereby finds and
determines that said easements and rights across said property, as herein
set out, are necessary for the purpose of locating and constructing
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thereon and therein, and maintaining and operating therein, as the
case may be, an underground pipeline for sanitary sewer to afford
sewerage service to the areas adjacent thereto, and for the people of
the City generally.
BE IT FURTHER RESOLVED: That the City Attorney be mud he is
hereby ordered and directed to bring an sction in the name of the City
of Santa Ana in the Superior Court of the State of California in and
for the County of Orange, for cond emnati~ of said property necessary
to be taken as herein ordered and heretofore described and do all
things necessary to prosecute said action to final determination.
BE IT FURTHER RESOLVED: That the public interest, necessity and
convenience require and it is hereby ordered, that the City of Santa
Ana, a Municipal Corporation, Plaintiff in the condemnation action
ordered herein, take immediate possession and use of the right-of-way
in and over property herein ordered to be acquired, upon complying
with the requirements of the law applicable thereto and that the amount
of money required by the Court to be deposited to guarantee payment of
any Judgment which may be rendered against the City in said action, be
so deposited.
BE IT FURTHER RESOLVED: That the said action for condemnation
of said property so to be acquired shall be taken in accord~ce with
Sectionl4, Article I of the Constitution of the State of California.
PASSED AND ADOPTED by the City Council of the City of Santa Ana
at its regular meeting held on the 16th day of December, 1957.
ATTEST:~ / ~ ~ ,~/
- I~AYOR' ' - --
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA k~A )
I, E?~MA HUNTER, do hereby certify that I sm the Clez~ of the
Council of the City of Santa Aha; that the foregoing Resolution was
regularly introduced to said Council at its regular meeting held on
the 16th day of December, 1957, and was at said meeting regularly passed
and adopted by the following vote, to-wit:
AYES, COUNCILMEN: Royal E. Hubbard, Stanley C. Go~ld~ Jr.,
A. A. H~11, J. Ogden ?iarkel, Dale H. Heinly
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NOES, COUNCI LS~EN: None
ABSENT, COUNCII~I~W: None
C~RK OF THE COUNCIL