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HomeMy WebLinkAbout68-037RESOLUTION 68-37 AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR THE WIDENING AND IMPROVEMENT OF FIRST STREET BETWEEN BIRCH AND BUSH STREETS WHEREAS, portions of First Street as they now exist within the City of Santa Aha are inadequate in width to accommodate the increasing flow of east-west traffic and it has become necessary to widen and improve those portions of said street; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Aha does hereby find and declare that the public interest and necessity require that First Street be widened and improved between Birch and Bush Streets to accommodate the increased flow of east-west traffic and further require that said City do have, take, and acquire for street purposes that certain real property in the City of Santa Aha, County of Orange, State of California, described as: PARCEL 1: An easement for street purposes over those portions of Lots 37 and 39 of The Park Tract, as shown on a licensed surveyor's map filed in Book 1, Page 30, Records of Survey in the office of the County Recorder of Orange County, California, lying South of a line parallel with and 70.00 feet Northerly, measured at right angles, from the monumented center line of First Street. PARCEL iA: An easement for street purposes over a spandrel shaped parcel of land bounded on the South by the Northerly line of above-described Parcel 1, bounded on the East by the East line of said Lot 39 of The Park Tract, and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 25.00 feet and tangent to said South and East boundaries. PARCEL 1AA: A temporary easement to be used in conjunction with the demolition of existing improvements over the following described property: Those portions of Lots 37 and 39 in the Park Tract, as shown on a licensed surveyor's map filed in Book 1, Page 30, Records of Survey in the office of the County Recorder of Orange County, California, lying North of a line parallel with and 70 feet Northerly, measured at right angles, from the monumented center line of First Street; E~CEPTING that portion lying within the spandrel shaped parcel of land bounded on the South by the Northerly line of the above- described parcel; bounded on the East by the East line of said Lot 39 of The Park Tract, and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 25.00 feet and tangent to said South and East boundaries. Said temporary easement shall cease to exist and all rights thereto will revert to the recorded owners as their inter- ests appear of record upon completion and acceptance by the City of Santa Ana of said demolition of existing improvements, but not later than June 1, 1968. PARCEL 2: An easement for street purposes over that portion of Lot 1 in Block 3 of the Town of Santa Aha, in the City of Santa Ana, as shown on a map recorded in Book 2, Page 51, of Miscellaneous Records of Los Angeles County, California, lying South of a line that is parallel with and 70.00 feet Northerly, measured at right angles, from the monumented center line of First Street. -1- PARCEL 2A: PARCEL 2B: PARCEL 3: PARCEL 4: PARCEL 4A: PARCEL 4B: PARCEL 5: An easement for street purposes over the Easterly 5.00 feet of Lots 1 and 4 in Block 3 of the Town of Santa Ana, in the City of Santa Ana, as shown on a map recorded in Book 2, Page 51, of Miscellaneous Records of Los Angeles County, California. EXCEPTING THEREFROM the Northerly 0.86 feet of said Lot 4. An easement for street purposes over those portions of Lots 1 and 4 in said Block 3 over a spandrel shaped parcel of land bounded on the South by the North line of the above-mentioned Parcel 2, bounded on the East by the West line of the above-mentioned Parcel 2A, and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 25.00 feet and tangent to said South and East boundaries. Lot 2 in Block 2 of the Town of Santa Aha, as shown on a map recorded in Book 2, Page 51, of Miscellaneous Records of Los Angeles County, California. An easement for street purposes over that portion of the South 145 feet of the East 45 feet of Lot 1, in Block A of Blee's Second Addition to the Town of Santa Aha as shown on a map recorded in Book 30, Page 75, of Miscellaneous Records of Los Angeles County, California, described as follows: A spandrel shaped parcel of land bounded Northerly by the North line of said South 145 feet of Lot 1, bounded Westerly by the West line of said East 45 feet of Lot 1, bounded Southeasterly by the arc of a curve concave Southeasterly having a radius of 25.00 feet, and tangent to said Northerly and Westerly boundaries. An easement for an underground drainage structure over that portion of said Lot 1 described as follows: A rectangular shaped parcel of land bounded Northerly by the South line of the North 5 feet of said Lot 1, bounded Southerly by the South line of the North 33 feet of said Lot 1, bounded Westerly by the East line of the West 5 feet of said Lot 1, and bounded Easterly by the East line of the West 13 feet of said Lot 1. EXCEPTING that portion lying within Parcel 4. An easement for an underground drainage structure over that portion of said Lot 1 described as follows: A triangular shaped parcel of land bounded Northerly by the South boundary of Parcel 4A, bounded Westerly by the Southerly extension of the West boundary of Parcel 4A, and bounded Southeasterly by a straight line which extends in a Southwesterly direction from the Southeast corner of Parcel 4A to a point on said West boundary which is 8 feet South of the Southwest corner of Parcel 4A. An easement for street purposes over a spandrel shaped parcel of land, being that portion of Lot 1, in Block 3 of Heninger's Resubdivision of Blocks 3, 4, 5 and 12 of Palmer's Addition to the Town of Santa Ana, as per map recorded in Book 5, Page 49 of Miscellaneous Maps, records of Orange County, california, bounded Northerly by the North line of said Lot l; bounded Easterly by the East line of said Lot 1; and bounded Southwesterly by the arc of a curve concave Southwesterly having a radius of 25.00 feet and tangent to the Northerly and Easterly lines of said Lot 1. -2- BE IT FURTHER RESOLVED: 1. That the City Attorney is hereby ordered to bring an action in the name of the City of Santa Ana to condemn said property necessary to be taken and to do all things necessary to prosecute said action to final determination; 2. That the public interest, necessity, and convenience require, and it is hereby ordered, that said City take immediate possession and use of the property herein ordered to be acquired,upon compliance with the requirements of law applicable thereto, as rights of way for public use; 3. That said public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; 4. That the City of Santa Aha, a municipal corporation, is authorized and empowered to provide for the opening, extension, widening, construction, and maintenance of public streets and highways within the City; and 5. That said action in 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 18th day of March, 1968. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 18th day of March, 1968, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Herrin, Brooks, Carlson, Griset, Thurman, McMichael COUNCILMEN: Markel COUNCILMEN: None CLERK OF THE COUNCIL -3-