HomeMy WebLinkAbout76-111RESOLUTION NO. 76- 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET
WIDENING AND DRAINAGE FACILITIES IN THE SILVER
ACRES AREA OF THE CITY OF SANTA ANA, STATE OF
CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREFOR
WHEREAS, in order to provide for better and safer traffic circulation and
provide adequate drainage facilities, it has become necessary to widen and improve
certain streets, including Cooper Street; and to acquire right of way as necessary
for the construction, installation and maintenance of drainage facilities within
the Silver Acres area of the City of Santa Ana.
WHEREAS, all persons whose names and addresses appear on the last equalized
assessment roll for the property described herein, and all persons whose names
appear as record owners on the litigation guarantee reports for said property,
were given notice and an opportunity to be heard pursuant to Code of Civil Proce-
dure Section 1245.235; and
WHEREAS, a public hearing was held by the City Council on Septembe~ 20,
19 ?6 , at which the matters set forth in Code of Civil Procedure Section 1240.030
were ~i-scussed, including the following matters:
(a) Whether the public interests and necessity require the proposed
project;
(b) Whether the project is planned and located in the manner that
will be most compatible with the greatest public good and the least private injury;
and
(c) Whether the property described herein is necessary for the proposed
project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana
that it finds and determines the following:
1. The City is specifically authorized by virtue of Gover)vment Code
Code Section 40404 et seq. amd Streets and Highways Code Sections 5023.1 and
5101 to take property by condemnation for street widening purposes; and
2. The public interest and necessity require for public use the acquisition,
construction, completion, operation and maintenance by said City of Santa Ana, of
certain public improvements, to wit: A right of way for street widening purposes.
3. The property described herein is located within the City of Santa Aha
as depicted by the maps and legal descriptions attached hereto as EXhibits A, B,
and C, and incorporated herein by reference, and is necessary for the proposed
project. Said property is more particularly described as follows.
Legal Description of A.P. 99-231-16, Parcel 1
A temporary easement for construction purposes over:
The Southerly 20 feet of the Northerly 26 feet of the East half of the West
half of the West half of the Southeast quarter of the Southeast quarter of
Section 8, Township 5, South, Range l0 West, SBB&M.
Excepting therefrom the Westerly 30 feet thereof.
RESOLUTION NO. 111
PAGE TWO
Legal Description of A.P. 99-231-16, Parcel 2
A perpetual right and easement to construct, install, maintain,
repair, renew, replace, operate and use storm drain facilities,
together with appurtenances thereto, of any size or materials, in,
upon, under, along and across, and the right of ingress and egress
in, upon, over and through the following described parcel of real
property:
The Northerly 6 feet of the following described property:
The East half of the West half of the West half of the Southeast
quarter of the Southeast quarter of Section 8, Township 5 South,
Range 10 West, SBB&M, situate in the City of Santa AAa, County of
Orange, State of California. Excepting therefrom the South 1188
feet thereof.
EXCEPTING THEREFROM thn Westerly 30 feet thereof.
Legal Description of A.P. 99-231-16, Parcel 3
The Westerly 30 feet of the East half of the West half of the West
half of the Southeast quarter of the Southeast quarter of Section
8, Township 5 South, Range l0 West, SBB&M.
Excepting therefrom the Southerly 1188 feet.
4. The proposed project is planned and located in the manner that will
be most compatible with the greatest public good and the least private injury.
5. The City of Santa AAa will devote the above described property to the
stated purpose within seven years from the passage of the resolution.
6. The City Attorney for the City of Santa AAa is hereby directed to
bring action in the Superior Court of the State of California in the name of
the City of Santa AAa, to condemn by eminent domain proceedings, the property
described in section 3 herein. The City Attorney is authorized and instructed
to make application to said Court for an Order fixing the amount of security
by way of money deposits as said Court may direct and for an Order permitting the
City of Santa AAa to take immediate possession and use of said real property for
the uses and purposes herein described, together with the right to enter upon
the part not taken where necessary for construction and severing purposes.
ADOPTED this 20th ~ay of
following votes:
AYES: COUNCILMEN: Brandt,
Garthe
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Evans
September ., 1976, by the
Ward, Bricken, Ortiz, Yamamoto,
ATTEST:
~LOI~NCE I. MALONE'
APPROVED AS TO FORM:
CITY ATTORNEY
Legal Description A. P. 99-231-16, Parcel 1
A temporary easement for construction purposes over:
The Southerly 20 feet of the Northerly 26 feet of the
East half of the West half of the West half of the
Southeast quarter of the Southeast quarter of Section
Township 5 South, Range 10 West, SBB&M.
Excepting therefrom the Westerly 30 feet thereof. This
dedication shall expire no later than October 1, 1977.
EXHIBIT A
97.. ~'0 ' 97.. ~'0'
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Legal Description A. P. 99-231-16, Parcel 2
A perpetual right and easement to construct, install,
maintain, repair, renew, replace, operate and use
storm drain facilities, together with appurtenances
thereto, of any size or materials, in, upon, under,
along and across, and 'the right of ingress and egress
in, upon, over and through the following described
parcel of real property:
The Northerly 6 feet of the follOWing described
property:
The East half of the West half of the West half of the
Southeast quarter of the Southeast quarter of Section 8,
Township 5 South, Range 10 West, S.B.B.&M., situate in
the City of Santa Ana, County of Orange, State of
California. Excepting therefrom the South 1188 feet thereof.
EXCEPTING THEREFROM the Westerly 30 feet thereof.
Please see Exhibit "A" attached hereto and incorporated
by reference herein.
EXHIBIT B
EXHIBIT "A"
Together with the perpetual right and easement to discharge
and conduct storm and surface drainage waters through said
facilities, and to use and occupy said real property for
said purposes.
Together with the perpetual right to remove any and all
trees and surface growth and debris within the above described
real property; Together with the further right of the City
of Santa Ana, its agents or representatives to enter upon and
use a temporary construction area 20 feet in width along the
entire length adjacent to the southerly side of said easement
for the period of 1 year from the date the Order of Possession
becomes effective for the proper and efficient excavation
and use of earth, materials, supplies or equipment during the
initial construction of said line or lines within the herein-
above described perpetual easement area.
Grantor hereby covenants and agrees on behalf of himself, his
heirs, successors, and assigns, that neither he, nor any of
them, shall construct or permit to be constructed any building
or permanent structure within the real property described in
the above paragraph, or make any permanent excavation, or
permit any permanent excavation to be made within the above
described real property.
The City of Santa Ana agrees to indemnify and hold the grantor
harmless from any liability arising out of the City's use of
said perpetual easement and temporary construction areas; and
further agrees, at its sole cost and exp6nse, to restore said
property as nearly as practicable to its former state and
condition upon completion of said construction, installation,
maintenance and repair operations.
EXHIBIT A OF EXHiBiT "B"
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'EXIIIBIT 11"
Legal Descripto.n A. P. 99-231-16, Parcel 3
The Westerly 30 feet of the East half of the West half
of the West half of the Southeast quarter of the
Southeast quarter of Section 8, Township 5 South,
Range 10 West, SBB&M.
Excepting therefrom the Southerly 1188 feet.
EXHIBIT C
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