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HomeMy WebLinkAbout60-138RESOLUTION N0..90-138 MODIFYi~ ~TTION N0.56-138 TO REDUCE PROPOSED TAKING WHEREAS, heretofore, the City Council of the City of Santa Ana adopted Resolution No. 56-138 declaring the necessity for the widening of Bristol Street, which said Resolution authorized the filing of an Action in Eminent Domain to acquire a strip of land 10 feet in width along the Easterly side of the then existing street right of way to widen the same to a width of 40 feet East of the centerline of said street as a part of the pattern for the widening of Bristol Street from the Southerly boundary of Santa Ana through to the Northerly City boundary; and WHEREAS, the owners of the parcels of real property herein described, which said real property is located at the Southeast corner of the intersection of Bristol and Seventeenth Streets, have protested said street widening program and objected to the same and have and do contend that the taking would damage the portion of Defendants property not sought to be condemned; and WHEREAS, the City has in several cases along the Easterly side of Bristol Street reduced the width of the strip sought to be taken if the property owner objected to the taking of the full 10 foot width. NOW, THEREFORE, BE IT ~ESOLVED: That Resolution No. 56-138 is hereby amended to reduce the width of the easement sought to be con- demned along the Southerly portion of the parcel in the original Complaint described as Parcel 7A and along the full length of the parcel described as Parcel 8 as a concession to the owners of said land in accordance with the policy of this Council to concede to the wishes of property owners whenever the same may reasonably be done. BE IT FURTHER RESOLVED: That the public interest and necessity require the acquisition by the City of Santa Ana, California, of an easement for all the purposes of a public street as necessary to maintain Bristol Street in and to those parcels of land in the City of Santa Ana, County of Orange, State of California, described as follows: -1- PARCEL 7a. The Westerly 40.00 leu_ of the Northerly 105.74 feet, and the Easterly 25.00 feet of the Westerly 65.00 feet of the Northerly 50 feet of 'that portion of Section 12, Township 5 South, Range 10 West, S.B.B. & ~., in the land allotted to Jacob Ross in Decree of Partition of the Rancho Santiago de Santa Ana, recorded in Book '~B" of Judgments of the 17th Judicial District Court of Los Angeles County, California, described as follows: Beginning at the North- west corner of said section 12; thence South 285.64 feet along the West line of said section to the North line of the land described in deed to C. H. Harris and wife, recorded December 24, 1923 in Book 502, Page 254, of deeds of said Orange County; thence East 174.655 feet along the North line of said Harris Land; thence North 285.64 feet parallel with said West line of section 12 to the North line of said section 12; thence West 174.675 feet to the point of beginning. EXCEPTING therefrom the Southerly 34.74 feet of the Northerly 105.74 feet of the Easterly 5.5 feet of the Westerly 40 feet. ALSO EXCEPTING therefrom any portion thereof previously granted for Bristol or Seventeenth Streets. PARCEL 8. The Westerly 34.5 feet of the Southerly 179.90 feet of that portion of Section 12, Township 5 South, Hange 10 West, S.B.B. & M., in the land allotted to Jacob Ross in Decree of Partition of the Rancho Santiago de Santa Ana, re- corded in Book "B" of Judgments of the 17th Judicial Dis- trict Court of Los Angeles County, California, described as follows: Beginning at the Northwest corner of said section 12; thence South 2S5.64 feet along the West line of said section to the North line of the land described in deed to C. H. Harris and wife, recorded December 24, 1923 in Book 502, Page 254 of Deeds, of said Orange County; thence East 174.655 feet along ~ne North line of said Harris Land; thence North 285.64 feet parallel with said West line of Section 12 to the North line of said Section 12; thence West 174.675 feet to the point ofbeginning. EXCEPTING ~nerefrom that portion thereof previously granted for Bristo~ Street. BE IT FURTHER RESOLVED: That an easement in and over said property is necessary for public street purposes, that the proposed public improvement is planned and was located in the manner which would be the mqst compatible with the greatest public good and the least private injury. PASSED AND ADOPTED by the City Council of the City of Santa Ana/at its regular meeting held on the 15~ of July, 1960. ASSISTANT CLERK OF THE COUNCIL STATE OF CALIFOR/~IA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, VAN LOIS FINAMORE, do hereby certify that I am the Assistant Clerk of the Council of the City of Santa Ana; that the Clerk of the Council was absent from the regular meeting herein -2- referred to; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the lath day of July, 1960, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCII2~LEN: Royal Eo Hubbard~ Stanley C. Gould, Jr.~ Dale H. Heinly, A. A. Hall NOES, COUNCII24EN: None ASSISTANT CLERK OF ~HE COUNCIL -3-