Loading...
HomeMy WebLinkAbout61-127RESOLUTION NO. ~I~12/__AUTHORIZING CONDEMNATION OF CERTAIN REAL PROPERTY SOUTH OF WESTMINSTER AVENUE FOR THE CONSTRUCTION AND EXTENSION OF FAIRVIEW STREET AND DECLARING THE NECESSITY THEREFOR~ WHEREAS, Fairview Street 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 declare 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- tail, 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 Ana, County of Orange, State of California, described as: PARCEL iA: That portion of Lot 2, Tract Number 19, in the City of Santa Ana, as shown on a map thereof recorded in Book 9, Page 23, Miscellaneous Maps, Records of Orange County, California, lying within a strip of land 100.00 feet wide the center line of which is described as follows: Commencing at the intersection of the center line of King Street, 50.00 feet wide, 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 62° 30' West 20.00 feet; thence North 27° 30' East 321.59 feet to the beginning of a tangent curve concave Westerly having a radius of 1000.00 feet; thence Northerly along the arc of said curve through a central angle of 46° 00' 00" a distance of 802.85 feet to a tangent line; thence North 18° 30' West along said tangent line 175.07 feet. Excepting therefrom that portion of said strip of land, 100.00 feet wide, lying within the following described property: Beginning at a point in the Easterly line of said Lot 2, 75.00 feet Northeasterly from the Southeast corner of said Lot 2; thence Northeasterly along said Easterly line 50.00 feet; thence Westerly, parallel with the Southerly line of said Lot 2, a distance of 165 feet; thence Southwesterly parallel with the Easterly line of said Lot 2, a distance of 50.00 feet; thence Basterly, parallel with the Southerly line of said Lot 2, a distance of 165 feet to the point of beginning. PARCEL lB: land 108.00 fol lows: That portion of said Lot 2 lying within a strip of feet wide the center line of which is described as -1- Commencing at the intersection of the center line of King Street, 50.00 feet wide, 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 62' 30' West 20.00 feet; thence North 27° 30' East 321.59 feet to the beginning of a tangent curve concave Westerly having a radius of 1000.00 feet; thence Northerly along the arc of said curve through a central angle of 46° 00' 00" a distance of 802.85 feet to a tangent line; thence North 18° 30' West along said tangent line 175.07 feet to the beginning of a tangent curve concave Easterly having a radius of 1000.00 feet and to the true point of'beginning; thence Northerly along the arc of said curve through a central angle of 17~ 36' 15" a distance of 307.25 feet. .pARCEL lC.: A triangular shaped parcel of land bounded South- easterly by the Easterly line of said Lot 2; bounded South- westerly by the East line of Parcel lA and bounded Northerly by the South line of that portion of said Lot 2 described as follows: Beginning at a point in the Easterly line of said Lot 2, 75.00 feet Northeasterly from the Southeast corner of said Lot 2; thence Northeasterly along said Easterly line 50.00 feet; thence Westerly, parallel with the Southerly line of said Lot 2, a distance of 165.00 feet; thence Southwesterly parallel with the Easterly line of said Lot 2, a distance of 50.00 feet; thence Easterly parallel with the Southerly line of said Lot 2, a distance of 165.00 feet to the point of beginning. PARCEL 2: That portion of Lot 9 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, bounded Southwesterly by the following described line: Beginning at a point in the center line of King Street, 50.00 feet in width, distant thereon North 27° 30' East 956.59 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 62° 30' west 291.99 feet, more or less, tO the Northwesterly line of said Lot 9; bounded Northeasterly by a line 50.00 feet East, measured at right angles from the following described line: Commencing at the intersection of the center line of King Street with the center line of Eighth Street, as shown on a licensed surveyor's map recorded inBook 22, Page 37, Record of Surveys, in the office of the County Recorder of said Orange County and running thence North 62° 30' West 20.00 feet to the true point of beginning; thence North 27° 30' East 321.59 feet to the beginning of a tangent curve concave westerly having a radius of 1,000.00 feet; thence Northerly along the arc of said curve through a central angle of 46° 00' 00" a distance of 802.85 feet to a tangent line; thence North 18° 30' West 50.00 feet; and bounded Northwesterly by the Northwesterly line of said Lot 9. PARCEL 3: The Southeasterly 70.00 feet of that portion of Lots 6 and 7, lands of S. H. Finley, in the City of Santa Aha, as shown on a licensed Surveyor's map, recorded in Book 2, -2- Page 9, Record of Surveys, in the office of the County Recorder of Orange County, California, (for the purpose of this description the Southeasterly line of said Lot 6 is considered to be the center line of King Street, 50.00 feet wide) described as follows: Beginning at the most Southerly corner of said Lot 6, running thence North 53° 52' West, along the Southwesterly line of said Lot 6, a distance of 295.50 feet to the most Westerly corner thereof; thence North 27° 33' East along the Northwesterly line of said Lots 6 and 7, a distance of 187.61 feet to a point; thence South 62° 30' East 291.99 feet to a point in the Southeasterly line of said Lot 6; thence South 27° 30' West along said Southeasterly line 231.97 feet to the point of beginning. Excepting therefrom that portion of said 70.00 feet pre- viously dedicated for street purposes. PARCF~L 4: The Easterly 70.00 feet of that portion of Lot 4 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, described as follows; Beginning at the most Easterly corner of the land described in the deed to Walter L. Lindauer and wife, recorded January 14, 1947, in Book 1497, Page 413, Official Records, in the office of the County Recorder of said Orange County, said point being on the center line of that certain street, now known as Kin~ Street, adjoining said Lot 4 on the Southeast and North 27 30' 00" East 235.63 feet frc~ the intersection of the center line of said King Street, with the center line of Fifth Street, as shown on said map;. thence Northwesterly 100.00 feet at right angles to the center line of said King Street, along the Northeasterly line of said Lindauer land to a line parallel with, and Northwesterly 100,00 feet measured at right angles fro~ the center line of said King Street; thence Northeasterly 60.00 feet along said parallel line; thence Southeasterly 100.00 feet at right angles to said paral- lel line to the center line of King Street; thence South- westerly 60.00 feet to the point of beginning. BE IT FURTHER RESOLVED: That with respect to that ~arcel of real property hereinabove described as Parcels lA, lB and lC, the City Council of the City of Santa Ana 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 parcel, but that all of the remain- der of the whole parcel of land crossed which lies Easterly of said proposed Fairview Street right of way and described as Parcel lC, for the reason that said Easterly portion of said real property will be -3- severed from that portion taken and said Easterly parcel will be left in such a size, shape and condition as to require said City to pay excessive compensation for the taking and severance of said parcel, if said Easterly parcel be not so taken in an amount equal to the fair and reasonable value of the whole parcel, and said City Council hereby finds and declares that all of said parcel lying Easterly of proposed Fairview Street and described as Parcel lC is therefore necessary for the public use and benefit as hereinabove recited. BE IT FURTHER RESOLVED: 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 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, ~ ~t 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~KOF THE cOuNCIL --4-- 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: NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Royal E. Hubbard, Henry H. Sckluete~ Dale H. Heinly, Bob Brewer, A. A. H~ll 'CLERK OF ~H~. COUNCIL