HomeMy WebLinkAbout97-036 - Certain Real Property at 1300 West Edinger AvenueRESOLUTION NO. 97- 036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY AT 1300 WEST EDINGER AVENUE, SANTA
ANA FOR STREET WIDENING PURPOSES AND AUTHORIZING
AND DIRECTING CONDEMNATION THEREOF.
WHEREAS, legal notice of intention to adopt a resolution
of necessity to acquire the herein described real property by
eminent domain was duly given by the City Council of the City of
Santa Aha pursuant to and in compliance with requirements of Code
of civil Procedure Section 1245.235; and
WHEREAS, the City Council of the City of Santa Ana held
a public hearing on those matters specified in its notice of
intention to adopt a resolution of necessity and referred to in
Code of Civil Procedure Section 1240.030, which include 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,
(c) Whether the property described herein is necessary
for the proposed project; and
(d) Whether the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SANTA ANA AS FOLLOWS:
1. The public use for which the property is to be taken
is the widening of Bristol Street between McFadden Avenue and
st. Andrew Place Avenue ("the proposed project").
2. The City of Santa Ana is authorized to acquire the
property by eminent domain by Section 4090 of the Streets and
Highway Code of the State of California and by sections 37350.5
and 40404 of the Government Code of the State of California.
284
RESOLUTION NO 97- 036
PAGE TWO
3. The property to be taken is located at 1300 West Edinger
Avenue in the City of Santa Aha as shown on the map attached hereto
as Exhibit A and incorporated herein by reference and is more
specifically described in Exhibit B, attached hereto and
incorporated herein by reference.
4. The City Council of the City of Santa Ana finds and
determines as follows:
(a) The public interest and necessity require the
proposed project.
(b) The proposed project is planned or located
the manner that will be most compatible with the greatest
public good and the least private injury.
in
(c) The above-described property is necessary for
the proposed project.
(d) The offer required by section 7267.2 of the
Government Code of the State of California has been mad to the
owners of record of the above-described property.
5. The City Attorney of the City of Santa Aha 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 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 deposit as said court may direct and for
an order permitting the City of Santa Aha to take possession and
use of said real property for the uses and purposes herein
described.
/
/
/
/
/
/
/
/
/
/
/
/
/
/
RESOLUTION 97- hq6
PAGE THREE
ADOPTED this
4th
day of August , 1993.
L M. P~JLIDO
ATTEST:
COUNCILMEMBERS:
PULIDO Aye
RICHARDSON Aye
ESPINOZA _Ab~ant
FRANKLIN Aye
LUTZ Aye
MCGUIGAN Aye
MORENO Nay
APPROVED AS TO FORM:
aosm,. ,.
CITY ATTORNEY
CERTIFICATE OF ORIGINALITY & PIJBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
~ 7 -~-~ ~ to be the original resolution adopted by the City Council of the City of Santa Ana
on
Date:
~// City of Sant!Ana ~'~
AREA OF R/W TAKE: 5069 S.F.
AREA OF EASEMENT: 2048 S.F.
EDINGER AVENUE
(SCALE 1"=50')
100'
' R=25,7
'-"--"---36'
:i
EXISTING BUILDING .j J
PROPOSED R/W LINE~
LANDSCAPE EASEMENT --...~
59'
25'
1300 W. EDINGER
AP~ 408-273-12
RESOLUTION 97-036
LEGAL DESCRIPTION
28?
Proposed Street R/W for AP 408-273-11
THAT PORTION OF THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF JUDGEMENTS
OF THE 17th JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SEPULVEDA TRACT, AS PER MAP
RECORDED IN BOOK 31, PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING SHOWN AS
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, ON A MAP FILED IN BOOK
27, PAGE 44 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY; THENCE SOUTH 0° 56' 28" WEST 649.44 FEET ALONG
THE EAST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM
L. BABYLON ET UX, RECORDED APRIL 2, 1937, IN BOOK 869, PAGE 254, OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89° 46' 02" WEST 80.01 FEET
ALONG THE SOUTH LINE OF SAID DEED TO A LINE 80.00 FEET WESTERLY OF THE
EAST LINE OF SAID SECTION; THENCE NORTH 0° 56' 28" EAST 429.43 FEET
PARALLEL WITH SAID SECTION LINE TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 40.00 FEET AMD A CENTRAL ANGLE OF 4' 20' 24";
THENCE NORTHERLY ALONG SAID CURVE 3.03 FEET; THENCE NORTH 3' 23' 56" WEST
34.81 FEET TO THE SOUTH LINE OF PARCEL 2 OF O.R. 86-529007, RECORDS OF
SAID ORANGE COUNTY; THENCE SOUTH 89° 38' 15" EAST 82.75 FEET ALONG SAID
SOUTH LINE AND ITS PROLONGATION TO EAST LINE OF SAID SECTION; THENCE SOUTH
0° 56' 28" WEST 467.01 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS ALREADY DEDICATED FOR STREET PURPOSES.
EXHIBIT B
PAGE 1 of 2
RESOLUTION 97-036
LEGAL DESCRIPTION
Proposed Landscape Easement for AP 408-273-11
THAT PORTION OF THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION
OF THE RA/~CHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF JUDGEMENTS
OF THE 17th JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SEPULVEDA TRACT, AS PER MAP
RECORDED IN BOOK 31, PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING SHOWN AS
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST, ON A MJ~P FILED IN BOOK
27, PAGE 44 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORA/qGE COUNTY; THENCE SOUTH 0° 56' 28" WEST 649.44 FEET ALONG
THE EAST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM
L. BABYLON ET UX, RECORDED APRIL 2, 1937, IN BOOK 869, PAGE 254, OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89° 46' 02" WEST 95.01 FEET
ALONG THE SOUTH LINE OF SAID DEED TO A LINE 95.00 FEET WESTERLY OF THE
EAST LINE OF SAID SECTION; THENCE NORTH 0° 56' 28" EAST 429.62 FEET
PARALLEL WITH SAID SECTION LINE TO THE BEGINNING OF A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 4° 20' 24";
THENCE NORTHERLY ALONG SAID CURVE 1.89 FEET; THENCE NORTH 3° 23' 56" WEST
35.79 FEET TO THE SOUTH LINE OF PARCEL 2 OF O.R. 86-529007, RECORDS OF
SAID ORANGE COUNTY; THENCE SOUTH 89° 38' 15" EAST 97.79 FEET ALONG SAID
SOUTH LINE AND ITS PROLONGATION TO THE EAST LINE OF SAID SECTION; THENCE
SOUTH 0° 56' 28" WEST 467.01 FEET ALONG SAID EAST LINE TO THE TRUE POINT
OF BEGINNING.
EXCEPT THEREFROM THOSE PORTIONS ALREADY DEDICATED FOR STREET PURPOSES.
EXHIBIT B
PAGE 2 of 2