HomeMy WebLinkAbout61-126RESOLUTION NO. 61-126 AUTHORIZING CONDEMNATION OF
CERTAIN REAL PROPERTY SOUTH OF WESTMINSTER AVENUE
FOR THE CONSTRUCTION AND EXTENSION OF FAIRVIEW
STREET ANDDECLARING THE NECESSITY THEREFOR
WHEREAS, Fairview S~reet is presently proposed to be extended
South of Westminster Avenue to provide an artery for North and South
vehicular traffic.
NOW, THEREFORE, 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 Fairview Street be extended Southerly from
Westminster Avenue, as shown on maps thereof on file in the office of
the Department of Public Works and herein referred to for greater de-
tall, to accommodate the demands of traffic, and further require that
said City do have, take and acquire fee simple title to certain parcels
of land in the City of Santa Aha, County of Orange, State of California,
described as:
PARCEL 1: The Southeasterly 66.75 feet of the Northwesterly
200.25 feet of that portion of Lot 8 of lands of S. H. Finley,
in the City of Santa Aha, as shown on a licensed surveyor's
map, recorded in Book 2, Page 9, Record of Surveys, in the
Office of the County Recorder of Orange County, California,
described as follows:
Beginning at a point in the center line of King Street, 50 feet
in width, distant thereon North 27° 37' East 521.59 feet from
the center line of Eighth Street, as shown on a licensed sur-
veyor's map recorded in Book 22, Page 37, Record of Surveys,
in the office of the County Recorder of said Orange County,
and running thence North 27° 37' East along said center line
of King Street, 145 feet; thence North 62° 30' West 291.99 feet
to the Northwesterly line of said Lot 8; thence South 27° 30'
West along said Northwesterly line, 145 feet to a point which
bears North 62° 30' West from the point of beginning; thence
South 62° 30' East 291.99 feet to the point of beginning.
PARCEL 2: That portion of Lots 8 and 9 of lands of S. H. Finley,
in the City of Santa Ana, as shown on a licensed surveyor's map
recorded in Book 2, Page 9, Record of Surveys, in the Office of
the County Recorder of Orange County, California, described as
follows:
Beginning at a point in the center line of King Street, 50 feet
in width, distant thereon North 27° 30' East 666.59 feet from
the intersection of said center line with the center line of
Eighth Street, as shown on a licensed Surveyor's map recorded
in Book 22, Page 37, Record of Surveys, in the office of the
County Recorder of said Orange County, and running thence North
27° 30' East along said center line 145 feet; thence North ~
62° 32' West 291.99 feet, more or less, to the Northwesterly
line of said Lot 9; thence South 27° 33' West along the
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Northwesterly lines of said Lots 8 and 9, a distance of 145
feet to a point which bears North 62° 32' West from the point
of beginning; thence South 62° 30' East 291.99 feet, more or
less, to the point of beginning.
PARCEL 3: That portion of Lots 4 and 5 of lands of S. H.
Finley, in the City of Santa Aha, as shown on a map of survey,
recorded in Book 2, .Page 9, Record of Surveys, in the office
of the County Recorder of Orange County, California, induded
within the following described land:
Beginning at a point on the center line of that certain
unnamed road adjoining the Southeasterly line of said Lots 4
and 5 now known as King Street, said point being North 27° 30'
00" East 295.63 feet fr~ the intersection of said center line
with the center line of Fifth Street, as shown on said map;
thence Northwesterly 110.00 feet at right angles to said
center line of King Street; thence Northeasterly along a line
parallel to and 110.00 feet Northwesterly of the center line
of said King Street to the Northeasterly line of said Lot 5;
thence southeasterly along said Northeasterly line and its
Southeasterly prolongation to the center line of said King
Street; thence Southwesterly along said center line to the
point of beginning.
BE IT FURTHER RESOLVED: That with respect to all of the parcels
of real property herein described, the City Council of the City of Santa
Aha does hereby find and declare that the public use, benefit, safety,
economy and general welfare require that said City do have, take and
acquire, in fee simple, for said street purposes, not only the actual
right of way necessary for said street uses and structures that cross
said parcels,~but also require that all of the remainder of the whole
parcels of land crossed which lie Northwesterly, Westerly or Easterly of
said proposed Fairview Street right of way be acquired for the reason
that if said portions of said parcels of real property be severed from
those portions taken said remaining portions will be left in such size,
shape and condition as to require said City to pay excessive c(~npensation
for the taking and as severance damage in amounts equal to the fair and
reasonable value of the whole of each of said parcels, and said City
Council hereby finds and declares that all of each of said parcels are
therefore necessary for the public use and benefit as hereinabove
recited~
BE IT FURTHER R~SOLVED: That the City Attorney is hereby ordered
and directed to bring an action in the name of said City in the Superior
Court of the State of California, in and for the County of Orange, to
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condemn said property necessary to be taken as herein ordered and des-
cribed, and to 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
Aha, a municipal corporation, Plaintiff. in the condemnation action
ordered herein, take immediate possession and use of the property herein
ordered to be acquired upon compliance with the requirements of the law
applicable thereto; that the City Attorney report to the Director of
Finance the amount of money required thereof, and that the Director of
Finance shall deposit said amount with the Clerk of the Court.
BE IT FURTHER RESOLVED: That the said action for condemnation
of said property so to be acquired 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 15th day of May, 1961.
ATTEST:
CL~RK OF 'THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, MARION SUTTNER,
do hereby certify that I am the Clerk of the
Council of the City of Santa Ana; that the foregoing Resolution was
regularly introduced to said Council at its regular meeting held on
the 15th day of May, 1961, and was at said meeting regularly passed and
adopted by the following vote, to-wit:
AYES,
COUNCILMEN: Royal E. Hubbard~ Henry H. Schlueter~
Dale H. Heinly~ Bob Brewer~ A. A. H~ll
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
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CLERK OF THE COUNCIL