HomeMy WebLinkAbout64-015RESOLUTION 64-15 AUTHORIZING CONDEMNATION OF
PROPERTY AND OF VEHICULAR ACCESS RIGHTS TO AND FROM
FIRST STREET FOR CONSTRUCTION OF AN UNDERPASS AT
THE INTERSECTION OF THE SOUTHERN PACIFIC AND SANTA FE
RAILROAD TRACKS WITH FIRST STREET, AUTHORIZING
CONDEMNATION OF A BUILDING, A SMALL PORTION OF WHICH
EXISTS OUTSIDE OF THE PROPERTY NECESSARILY TAKEN FOR
SAID STREET PURPOSE, AND THE TAKING OF AN EASEMENT
ACROSS LAND UNDER AND IMMEDIATELY ADJACENT TO THE
SMALL REMAINING PORTION OF SAID BUILDING FOR A PERIOD
OF 120 DAYS FOR THE PURPOSE OF DEMOLITION AND REMOVAL
OF ALL OF SAID BUILDING
WHEREAS, after extensive study, it has been determined that
a grade separation is necessary at the intersection of First Street
with the Southern Pacific and Santa Fe railroad tracks because of
the present and increasing traffic hazard over the present crossing
at grade and because of the present traffic back-up when said
present crossing is blocked by a train so that First Street, at and
adjacent to said grade crossing, is inadequate in present traffic
flow and is dangerous to life and property, which danger increases
with the increased flow of vehicular traffic on said street; and
WHEREAS, said grade separation has been awarded a priority
of "One" by the State of California for State contribution toward
the cost of said grade separation, and the City of Santa Aha must
acquire fee title to certain property necessary for the construction
of said grade separation and necessary for relocated railroad track
right of way and must acquire ingress and egress rights to and from
property to First Street before an agreement can be entered into
with the State of California authorizing certain State fund contri-
butions for the construction of such grade separation and before
such construction can be commenced.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of
the City of Santa Ana does hereby find and determine that the public
interest, convenience and necessity require the acquisition in fee
simple of a certain parcel of real property and interests in real
property for the construction of a grade separation at the inter-
section of First Street with the railroad tracks of the Southern
Pacific Company and the Atchison, Topeka and Santa Fe Railway
Cc~pany, so that First Street will pass under said tracks, and for
the construction of relocated railroad track right of way in
connection with said grade separation; that the real property and
interests in real property, the acquisition of which is required
by the public interest, convenience and necessity for the uses and
purposes hereinabove set forth, are situated in the City of Santa
Ana, County of Orange, State of California, and are more particularly
described as follows:
PARCEL 14:
(A) Beginning at a point in the center line of First Street
(701 feet wide) distant North 89° 58' 38" East (bearings
assumed for the purpose of this description) along said
center line 353.56 feet from the monumented center line
of Evergreen Street, said point of beginning being the
Southwesterly corner of The Atchison, Topeka and Santa Fe
Railway Company's Station Grounds as said Station Grounds
are described secondly in deed dated August 25, 1887 to
California Central Railway Company (predecessor in
interest to first said Railway Company) recorded
January 12, 1888 in Book 371, Page 93, of Deeds, Records
of Los Angeles County, California; thence North 0° 06'
50" East along the Westerly line of said Station Grounds
84.25 feet; thence North 79° 10' 08" East 158.47 feet;
thence North 88° 10' 03" East 105.02 feet to a point
hereinafter referred to as Point "A"; thence Southeasterly
along the arc of a curve from whence a tangent bears
(B)
(C)
South 27° 32' 03" East, concave Southwesterly and having
a radius of 387.85 feet through a central angle of 13° 08'
18, a distance of 88.94 feet; thence South 14° 23' 45"
East tangent to the preceding curve 35.52 feet to a point
in the Southerly line of said Station Grounds distant
North 89° 58' 38" East along said Southerly line 301.36
feet from the point of beginning; thence South 890 58~ 38"
West along said Southerly line 301.36 feet to the point of
beginning; including all vehicular access rights of ingress
and egress to and from First Street to and from the property
lying to the North of property hereinabove described.
Commencing at the hereinabove described "Point A"; thence
North 88° 10' 03" East 68.08 feet to the TRUE POINT OF
BEGINNING for the parcel herein described; thence North
88° 10' 03" East 17.75 feet; thence South 83° 26' 46" East
124.28 feet to a point in the Easterly line of said Station
Grounds referred to in Parcel (A); thence South 0° 09' 47"
West along said Easterly line 105.76 feet to the South-
easterly corner of said Station Grounds; thence South 89°
59' 25" West along the Southerly line of said Station
Grounds 13.03 feet; thence South 89° 58' 38" West
continuing along said Southerly line 103.76 feet to a point
which lies North 89° 58' 38" East along said Southerly
line 352.94 feet from the ~outhwest corner of said Station
Grounds; thence Northerly along the arc of a curve from
whence a tangent bears North 14° 23' 45" West, concave
Easterly and havin~ a radius of 1172.50 feet through a
central angle of 5 57' 22" a distance of 121.69 feet to
the true point of beginning; including all vehicular access
rights of ingress and egress to and from First Street to
and from the property lying to the North of the property
hereinabove described.
That portion of the land conveyed to the Atchison, Topeka
and Santa Fe Railway Company by deed from the Southern
California Railway Company, recorded March 5, 1906,
Volume 123, Deeds, page 352, Records of Orange County,
described as follows:
Beginning at the point of intersection of a line that is
parallel with and distant Westerly 30 feet, measured at
right angles, from the West line of Lot 14, Block "B",
Bailey's Addition as per map recorded in Book 21, Page 12,
Miscellaneous Records of Los Angeles County, California,
with a line that is parallel with and distant Northerly
30 feet, measured at right angles, from the North line of
Lot 14, Block "B" of said Addition; thence, along said
last mentioned parallel line, North 89° 58' 38" East,
55.74 feet; thence North 0° 01' 22" West, 37 feet; thence
North 89° 58' 38" East, 44.29 feet; thence North 0° 01'
22" West 13.91 feet; thence North 89° 58' 38" East, 79.03
feet; thence North 79° 10' 08" East, 336.35 feet; thence
North 88° 10' 03" East, 12.08 feet to the true point of
beginning; thence North 37° 24' 00" West, 140.94 feet to
the beginning of a tangent curve concave to the Northeast
and having a radius of 536.07 feet; thence Northwesterly,
along said curve, through a central angle of 18° 35' 08"
a distance of 173.89 feet to a point of cusp in the
Westerly line of said Railway Company land; thence along
said Westerly line, North 0° 06' 50" East, 148.56 feet;
thence South 7° 21' 30" East, 40,83 feet to the beginning
of a tangent curve concave to the Northeast and having a
radius of 506.07 feet; thence Southeasterly, along said
curve, through a central angle of 30° 02' 30", a distance
of 265.35 feet; thence South 42° 21' 59" East, 173.82 feet;
thence South 88° 10' 03" West, 55.38 feet to the true
point of beginning.
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BE IT FURTHER RESOLVED: That said City Council does hereby
find and determine that public interest, convenience and necessity
require the acquisition of an easement for street purposes in and
under certain real property now used as railroad track right of way,
which said tracks will cross First Street on an overpass at grade
level, for the purposes of building, constructing, maintaining and
reconstructing supporting structures for said railroad tracks and
for necessary abutments and retaining walls to protect the street
right of way to be constructed as an underpass or submerged street
passing under said tracks, which said easement will in no way be
inconsistent with nor in any way conflict with the maintenance, use
and operation of said railroad tracks, and which use will make the
operation and use of said railroad tracks more desirable and
beneficial to the owner thereof by reason of removing all vehicular
traffic from crossing said railroad tracks at said location. The
real property which is required for said uses and purposes is
situated in the City of Santa Ana, County of Orange, State of
California, and more particularly described as follows:
PARCEL 15: Commencing at the intersection of the center line of
First Street (70 feet wide) with the monumented center
line of Evergreen Street; thence North 89° 58' 38" East
(bearing assumed for purpose of this description) along
the center line of said First Street 353.56 feet to the
Southwesterly corner of said Station Grounds referred to
in Parcel 14 (A); thence North 0° 06' 50" East along the
Westerly line of said Station Grounds 84.25 feet; thence
North 79° 10' 08" East 158.47 feet; thence North 88° 10'
03" East 105.02 feet to the TRUE POINT OF BEGINNING for
the parcel herein described; thence North 88° 10' 03"
East 68.08 feet; thence Southerly along the arc of a
curve from whence a tangent bears South 08° 26' 33" East,
concave Easterly and having a radius of 1172.50 feet
through a central angle of 5° 57' 22" a distance of
121.89 feet to a point in the Southerly line of said
Station Grounds distant North 89° 58' 38" East along
said Southerly line 352.94 feet frown the Southwesterly
corner of said Station Grounds; thence South 89° 58' 38"
West along said Southerly line 51.58 feet; thence North
14° 23' 45" West 35.52 feet; thence Northwesterly along
the arc of a curve tangent to the preceding course,
concave Southwesterly and having a radius of 387.85 feet
through a central angle of 13° 08' 18" a distance of
88.94 feet to the true point of beginning.
BE IT FURTHER RESOLVED: That Parcel 14(B) is improved with
an old warehouse, more than 75 per cent of which presently exists
upon the property to be taken, and the City Council of the City of
Santa Aha hereby finds and determines that the taking of the larger
portion of said warehouse would leave the remainder thereof in such
a size, shape and condition as to be valueless to the owner thereof
and to require the City to pay compensation for the taking of the
part necessary for said street and highway purpose which would be
in an amount equal to the fair and reasonable value of the whole
warehouse structure, and further finds that the taking of the entire
warehouse structure is necessary for the public use, benefit,
safety, economy and general welfare, and that said City shall
acquire 'the entire warehouse structure; that in order to demolish
said warehouse structure it will be necessary for the City to
acquire a temporary easoment for a period of 120 days and that such
temporary easement is in the public interest and shall extend over
real property in the City of Santa Aha, County of Orange, State of
California, described as follows:
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PARCEL 16: Part of The A. T. & S.F. Ry. Co.'s station grounds
at Santa Ana, Orange County, California, described as
beginning at the intersection of the northern line of
First Street with the western line of Garden Street;
thence westerly 125.64 feet along said northern line;
thence northerly 104.67 feet with an interior angle of
100° 10'; thence easterly 144.42 feet with an interior
angle of 79° 40'; thence southerly 102.60 feet along
said western line of Garden Street to the point of
beginning, containing an area of 13877.3 square feet,
or 0.32 acre, more or less; EXCEPTING THEREFROM those
portions thereof lying within Parcel 14(B) as hereinabove
described.
BE IT FURTHER RESOLVED:
1. That the City Attorney and John N. McLaurin, special
counsel employed by the City of Santa Aha for the acquisition of
said rights of way, rights of access and fee title to land, are
hereby ordered and directed to bring an action in the name of the
City of Santa Ana to condemn fee simple title to property necessary
to be taken as herein provided for and to do all things necessary
to prosecute said action to final determination;
2. That the public interest, necessity and convenience
require, and it is hereby ordered, that the City take immediate
possession and use of the property and property rights herein
ordered to be acquired upon compliance with the requirements of the
law applicable thereto as to the access rights, easement and fee
title to property as a necessary part of the right of way for public
street use;
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, a municipal corporation, is
authorized and empowered to provide for the opening, extension,
construction and improvement of public streets and highways within
the City and to provide for other necessary public improvements, and
the City Council of the City of Santa Ana finds and determines that
the public improvement of First Street herein provided for is a
necessary and a public use, and that the taking of fee simple estate
in the property to be acquired is necessary for the public use
herein provided for;
5. That said action in condemmation shall be taken in
accordance with the provisions of the Code of Civil Procedure and
the Constitution of the State of California relating to e~inent
domain.
6. That Resolution 63-227 is hereby rescinded.
PASSED AND ADOPTED by the City Council of the City of Santa
Aha at its regular meeting held on the 20th day of January, 1964.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk 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 20th day of January, 1964, and was at said meeting regularly
passed and adopted by the following vote, to wit:
AYES,
NOES,
ABSENT,
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Hubbard, Harvey, Gilmore, Schlueter, Hall
None
None
CLERK OF THE COUNCIL
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