HomeMy WebLinkAbout60-042RESOLUTION NO. 60-~ AUTHORIZING CONDEMNATION OF FOUR
PARCELS OF REAL PROPERTY FOR ~{E WIDENING AND IMPROVING
OF FIRST STREET EAST OF THE SANTA ANA RIVER AND RESCINDING
RESOLUTION NO. 60-3
WHEREAS, First Street as it now exists immediately East of
the Santa Ana River is inadequate in width to accommodate the pres-
ent and future demands of traffic thereon, and must be widened to
provide for the ever-increasing flow of vehicular traffic and the
additional traffic that will result from the widening of the bridge
across the Santa Ana River immediately West of the land herein de-
scribed; the bridge across the Santa Aha River at First Street is
presently under construction to widen the same; and
WHEREAS, the City heretofore adopted Resolution No. 60-3 au-
thorizing condemnation of four parcels of real property East of said
bridge in which it authorized the taking of more land than was re-
quired for street right-of-way in Parcels 2 and 3 therein described,
and after negotiation with the owners of said parcels and at their
request and for t~eir benefit, the authorization is now to be re-
duced to only the area necessary for said street work;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the
City of Santa Ana does hereby find and determine that the public in-
terest and necessity require that First Street immediately East of
the Santa Ana River right-of-way be widened and improved, as shown
on maps thereof on file in the office of the Department of Public
Works, and herein referred to for greater detail, to accommodate
the present and f~ture demands of traffic thereon, and further re-
quire that said City do have, take and acquire in fee simple for
said purpose the land hereinbelow described. That each of said par-
cels are portions of larger and entire parcels of land. That said
real property is in the City of Santa Aha, County of Orange, Cali-
fornia and is described as:
Parcel 1. Beginning at a point in the center tine of
First ~treet, said center line being the South line of
Section 10, Township 5 South, Range l0 West, San Bernardino
Base and Meridian, in the City of Santa Ana, said point being
1,783.03 feet West from the Southeast corner of said Section
10, said point being the Southwesterly corner of land de-
scribed in a deed to Local Union No. 1815, recorded July 12,
1955, in Book 3134, page 296, Official Records, in the Office of
the County Recorder of Orange County, California; thence North
0o 13' 30" East 52.00 feet along the Westerly line of said land
described in a deed to Local Union No. 1815 to a point; thence
due West, a distance of 115.80 feet; thence North 86° 36' 4l"
West 304.53 feet; thence due West to the Easterly boundary of
the 400.00 foot right of way for river channel as conveyed to
the Newbert Protection District, by deed recorded November 18,
1910, in Book 194, page 169, Deeds, records of said Orange Coun-
ty; taence Southwesterly along said Easterly boundary line ~o
the South line of said Section 10; thence due East along the
South line of said Section 10, a distance of 479.80 feet to
the point of beginning.
Parcel 2. An easement for street purposes over that portion
of the following described property vested in the grantor here-
in, said property being situated in the Rancho Las Bolsas, in
the City of Santa Ana, as shown on a map thereof recorded in
Book 51, page 7, et. seq., Miscellaneous Maps, Records of Orange
County, California, described as follows:
Beginning at a point on the center line of First Street, said
center line at said point being on the North line of Section 15,
Township 5 South, Range l0 West, San Bernardino Base and Meri-
dian, 1,931.89 feet Westerly from the Northeast corner of said
Section 15; and running thence due South, at right angles to
said North line 92.71 feet; thence South 83o 18' 03" East 52.34
feet; thence South 83° 18' 03" East 52.34 feet to the beginning
of a tangent curve concave Northwesterly, having a radius of
43.00 feet; thence Northeasterly and Northerly along the arc of
said curve through a central angle of 96° 41' 57" to a tangent
line; thence due North 56.00 feet to said North line of Section
15; thence due West along said North line 100.00 feet to the
pgint of beginning. EXCEPTIEB taerefrom that portion thereof pre-
vlously granted for street purposes.
Parcel 3' An easement for street purposes over that portion of
the following described property vested in the grantor herein,
said property being situated in the Rancho Las Bolsas, in the
City of Santa Ana, as shown on a map thereof recorded in Book
51, page 7, et. seq., Miscellaneous Maps, Records of Orange
County, California, described as follows:
Beginning at a point on the center line of First Street, said
center line at said point being on the North line of Section 15,
Township 5 South, Range l0 West, San Bernardino Base and ~.~eridian,
2,031.89 feet Westerly from the Northeast corner of said Section
15; and running thence due South, at right angles to said North
line 125.00 feet; thence due East 35.00 feet to the beginning of
a tangent curve concave Northwesterly having a radius of 35.00
feet; thence Northeasterly along the arc of said curve through a
central angle of 67° 28' 27" to a point of reverse curvature;
thence Northeasterly and Easterly along the arc of a curve con-
cave Southeasterly having a radius of 20.00 feet through a cen-
tral angle of 74° 10, 24" to a tangent line; thence South 83° 18'
03" East 11.95 feet; thence due North 92.71 feet to said center of
First ~treet; thence due West 100.00 feet to the point of begin-
ning. EXCEPTING that portion previously granted for street purposes.
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Parcel 4. Beginning at the Northeast corner of the West half
of the Northwest quarter of the Northeast quarter of Section
15, Township 5 South, Range l0 Nest, San Bernardino Base and
Neridian, in the City of Santa Ana, California, running thence
South 60.00 feet; thence due West to the West line of that cer-
tain 56.38 acre tract of land conveyed by ~oss NcGill to
Spauldtng by deed recorded in Book l??, Page 9, Deeds, Records
of Orange County, California; thence South 8~o 58' 32" West,
a distance of 171.27 feet; thence due West to the Easterly
boundary of the 400.00 foot right-of-way for river channel as
conveyed to Newbert Protection District, by deed recorded No-
vember 18, 1910 in Book 194, Page 169, Deeds, Records of said
Orange County; thence Northeasterly along said Easterly boundary
line to the North line of said Section 15; thence due East along
the North line of said Section 15 to the point of beginning.
EXCEPTING therefrom that portion thereof lying East of the West
line of said 56.38 acre tract of land conveyed by Moss McGill
to Spaulding by Deed, Recorded in Book 177, page 9, Deeds,
Records of said Orange County.
BE IT FJRTHER RESOLVED:
1. That the City of Santa Ana, C~lifornia is a Nunicipal
Corporation, is authorized and empowered to provide for the con-
structton, widening and improving of streets within the City Limits
and to acquire by eminent domain under the circumstances hereinabove
set out a fee simple estate in any parcel of ground necessary for
such street construction and/or widening.
2. That said City Council hereby finds and declares that
the public improvement herein being provided for is planned and lo-
cated in a manner which will be most compatible with the greatest
public good, and the least private injury.
3. That the public interest, necessity and convenience re-
quire, and it is hereby ordered, that the City of Santa Ana, Plain-
tiff in the condemnation action ordered herein, take immediate pos-
session and use of the property herein ordered to be acquired upon
complying with the requirements of law applicable thereto.
4- That the City Attorney is hereby ordered to bring an
action 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, to condemn
t~e property herein described, to do all things necessary to prose-
cute said action to final determination, to make application to said
Court for au order fixing the amount of security in the form of money
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deposits as said Court may direct for an order permitting said City
to take immediate possession and use of said property and to report
the s~nount of money so required by said Court, and to do all things
necessary to insure that said ~nount be deposited with said Court.
5. That said action for condemnation herein ordered shall
be taken in accordance with the provisions of the Code of Civil
Procedure and the Constitution of the State of California, relatinE
to eminent domain.
BE IT'I~U~T~ ~RESOLVED: That Resolution No. 60-3 is hereby
rescinded.
PASSED AND ADOPTED by the City Council of the City of Santa Ana
at its regular meeting held on the ?th day of March, 1960.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, NARION SUTTNER,
the Council of the City
do hereby certify that I am the Clerk of
of Santa Ana; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting
held on the 7th day of March, 1960, and was at said meeting regu-
larly passed and adopted by the following vote, to-wit:
AYES, COUNCILMEN: Eoy~lE. Nubba~i, S~l.l~y¢. Goald, Jr.~
D~e H. Het-ly~ Bob ~rewer, A~ A. Hall
NOES, COUNCILMEN: Non.
ABSENT, COUNCILMEN: None
'CLERK OF ~tE COUNCIL