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HomeMy WebLinkAbout62-157RESOLUTION NO. 62-157 AUTHORIZING CONDEMNATION OF EASEMENT FOR SANITARY SEWER MAIN ACROSS REAL PROPERTY AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER CHANNEL AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE PACIFIC ELECTRIC RAILROAD WHEREAS, a sanitary sewer main is necessary to be installed for the removal of sewage within an area covered by Assessment District No. 218. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby find and determine that the public interest, necessity, health and safety require the installation of a sanitary sewer main along Fifth Street, West of the Santa Ana River Channel, and along the Westerly side of the Santa Aha River Channel to Mar-Les Drive; that said sewer main crosses a small triangle of property lying Southwesterly of the Pacific Electric Railroad Right of Way through which said public interest, necessity, health and safety require that the City do ~ave take an acquire an easement for all the purposes of a sanitary sewer main through and across that certain real property in the City of Santa Aha, County of Orange, State of California, described as: Beginning at the intersection of the South line of the North half of Section 10, in Township 5 South, Range 10 West, San Bernardino Base and Meridian with the West line of that certain parcel of land conveyed to the Newbert Protection District, by deed recorded in Book 194, Page 169 of Deeds, Records of Orange County, California, said Northwesterly line being on the arc of a curve concave Southeasterly having a radius of 11,659.20 feet and running thence Northeasterly along the Northeasterly prolongation of the Northwesterly line of said West line of that certain parcel of land conveyed to the Newbert Protection District, an arc distance of 40 feet, more or less, to the Northwesterly prolongation of the Southeasterly line of that certain parcel conveyed to the Orange County Flood Control District, by deed recorded in Book 5717 at Page 377 of Official Records of Orange County, California; thence Southeasterly along said Northwesterly prolongation of the Southeasterly line and along the Southeasterly line of that certain parcel conveyed to the Orange County Flood Control District a distance of 60 feet, more or less, to said South line of the North half of Section 10; thence Westerly along said South line of the North half a distance of 70 feet, more or less, to the point of beginning. -1- BE IT FURTHER RESOLVED: That the City Attorney is hereby authorized and directed to bring an action in the name of the City of Santa Aha in the Superior Court of the State of California in and for the County of Orange to condemn said property necessary to be taken as herein ordered and described and to do all things necessary to prosecute said action to final determination. BE IT FURTHER RESOLVED: That public interest, necessity, convenience, health and safety require, and it is hereby ordered, that the City of Santa Ana, plaintiff in the condemnation action herein ordered, take immediate possession and use of the property herein described upon compliance with the requirements of law applicable thereto. BE IT FURTHER RESOLVED: That said action for condemnation shall be taken in accordance with the provisions of the Code of Civil Procedure and the Constitution of the State of California relating to eminent domain. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 6th day of August, 1962. ATTEST: · ASStSTAHT ~.,LERK OF ~E COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS Ana; I, HELEN BOYD , do hereby certify that I am ASSISTA~ _~LERK 07 THE COUNCIL of the City of Santa that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 6th day of August, 1962, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, Bob Brewer, A. A. Hall None ASSISTANT ~LERK Or THF/~OUNCIL -2-