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<br />, ' <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />",' <br /> <br />RESOLUTION NO. 84-5 <br />Page Two <br /> <br />(I) as to all plaintiffs' presently <br />owned property in the Project Area. <br /> <br />(2) as to all presently residential <br />properties in the Project Area, and <br /> <br />(3) as to the commercial properties <br />described in Exhibit No.2, attached <br />hereto, through and including Decem- <br />ber 31, 1988. <br /> <br />(b) Nothing in this resolution is meant to prohibit <br />the Agency from using eminent domain in order to <br />carry out the public purposes which the City could <br />carry out if there were no Redevelopment Plan. <br /> <br />(c) Nothing in this resolution is meant to prohibit <br />the Agency or any property owner from agreeing to <br />utilize eminent domain proceedings in connection <br />with the acquisition of property by the Agency or <br />receiving legally authorized relocation benefits. <br /> <br />NOW THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY <br />OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: <br /> <br />Section 1. <br /> <br />Exemption From Eminent Domain <br /> <br />Pursuant to the authority granted to the Agency to <br />exempt properties from its power of eminent domain by Section <br />33399 of the Health & Safety Code, the Agency does hereby <br />declare: <br /> <br />(a) The properties of plaintiffs Maria Rodriguez <br />located at 410 and 414 North Harbor Boulevard and <br />of plaintiff Jack Engle located at 417 South <br />Harbor Boulevard are exempt from eminent domain by <br />the Agency for the duration of the Redevelopment <br />Plan or any amendment or extension thereof. <br /> <br />(b) (i) All presently residential properties <br />located within the project Area are exempt from <br />acquisition by eminent domain under the Redevelop- <br />ment Plan by the Agency. The Agency shall have no <br />power of eminent domain as to the residential <br />properties exempted by this Section l(b) (i) except <br />for those public uses for which the City of Santa <br />Ana would be able to exercise eminent domain if <br />there were no Redevelopment Plan for the duration <br />of the Redevelopment Plan or any amendments, or <br />extensions thereof. As used in this Resolution, <br />the term "residential properties" means a complete <br />