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HomeMy WebLinkAbout77-076JLC:ar 6/28/77 RESOLUTION NO. 77- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET WIDENING ALONG FLOWER STREET IN 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 to facilitate ease of access to the Civic Center, it has become necessary to widen and improve Flower Street; and 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 Procedure §1245.235; and WHEREAS, a public hearing was held by the City Council on those matters set forth in its Notice of Intention to Adopt a Resolution of Necessity and referred to in S1240.030, Code of Civil Procedure, which included the following matters: (a) Whether the public interest 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 as follows: 1. The City is specifically authorized by virtue of Streets and Highways Code SS4090 et seq. and Government condemnation for Code S§40404 et seq. to take property--bY ' ' public use, namely widening a public street and related public uses; and 2. The property described herein is located within the City of Santa Ana as depicted by the map attached hereto as Exhibit A, and incorporated herein by reference, and is necessary for the proposed project. Said property is more particularly described as follows: That portion of the South 45 feet of Lot 6 of the Wakeham Tract, in the City of Santa Ana, County of Orange, State of California, as per map thereof recorded in Book 8, page 3 of Mis- cellaneous Maps, records of said Orange County, lying Westerly of the following described line: Beginning at a point on a line parallel to and distant Northerly 28 feet, measured at right RESOLUTION NO. 77-76 PAGE TWO angles, from the centerline of Hickey Street (Civic Center Drive) as shown on said map, said point being the point of tangency of said par- allel line to a curve concave Northeasterly, having a radius of 25 feet, said curve also being tangent to a line nonparallel to and lying Easterly of the centerline of Flower Street as shown on said map, last said point of tangency being distant Easterly 48 feet, measured at right angles, from last said centerline, said nonparallel line also being tangent to curve concave Southwesterly, having a radius of 168.52 feet, last said point of tangency being distant Easterly 46.66 feet, measured at right angles, from last said centerline, last said point of tangency also being distant Northerly 201 feet, measured along last said centerline, from the second above-mentioned point of tan- gency; thence Northwesterly along said curve having a radius of 25 feet, and thence Northerly along said nonparallel line to said point of tangency of the second above-mentioned curve, having a radius of 168.52 feet; thence North- westerly along last said curve through a central angle of 14°20'17" an arc distance of 42.17 feet to a point of reverse curvature; thence Northwesterly along a reverse curve con- cave Northeasterly having a radius of 152.52 feet through a central angle of 14°20'17'' an arc distance of 38.17 feet to a tangent line, last said point of tangency being distant Easterly 36.13 feet, measured at right angles, from last said centerline; thence Northerly along said tangent line to a point distant Northerly 319.50 feet, measured along last said centerline, from last said point of tangency, said point also being distant Easterly, 34 feet, measured at right angles, from last said centerline; thence Northerly along a line parallel to and distant Easterly 34 feet, measured at right angles, from last said center- line, to a tangent curve concave Southeasterly, having a radius of 16 feet, said curve also being tangent to a line parallel to and distant Southerly 25 feet, measured at right angles, from the centerline of Orchard Street (Tenth Street) as shown on said map; thence North- easterly along last said curve to last said point of tangency. 3. The public interest and necessity require the proposed project. 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 property described herein is necessary for the proposed project. 6. The City Attorney of the City of Santa Ana is hereby directed to bring action in the Superior Court of the State of California in the name of the City of Santa Ana, to acquire by eminent domain proceedings, the fee simple RESOLUTION NO. 77- 76 PAGE THREE estate in said real property for the aforesaid purposes. The City Attorney is authorized and instructed to do all things necessary for the acquisition of said real property including the making of 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 Ana to take possession and use of said real property for the uses and purposes herein described. ADOPTED this ' 18th 1977, by the following vote: AYES: NOES: ABSENT: ATTEST: ~O~NCEI. A,%,~LOb, I~ day of July , COUNCILMEN: Bricken, Brandt, Ortiz, Yamamoto~ Garthe COUNCILMEN. NT/ ~ MAYOR APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY I0 18