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<br />RESOLUTION NO. 84-5 <br />Page Three <br /> <br />. <br /> <br />parcel of land together with a structure presently <br />being used for residential purposes whose use is <br />not changed or all of any part of a structure <br />presently being used for residential purposes <br />whose use is not changed. <br /> <br />. <br /> <br />(ii) The commercial properties described in <br />Exhibit No.2 attached to this Resolution and by <br />reference made a part hereof, are exempt from <br />acquisition by means of eminent domain under the <br />Redevelopment Plan through and including Decem- <br />ber 31, 1988 and during this period the Agency <br />shall have no power of eminent domain as to the <br />commercial properties so described except for <br />those public uses for which the City would be able <br />to exercise eminent domain if there were no <br />Redevelopment Plan. <br /> <br />(c) With respect to the residential properties <br />and the commercial properties exempted from <br />eminent domain pursuant to Section I, subdivisions <br />(a) and (b) above, the Agency shall not request or <br />cause the City to exercise its power of eminent <br />domain in order to take any of the residential <br />properties or the commercial properties exempted <br />herein. As used herein, the term "Agency" means <br />the members of the Community Redevelopment Agency <br />of the City of Santa Ana or any successor organiza- <br />tion acting in such capacity. <br /> <br />. <br /> <br />(d) During the period of time in which the <br />residential properties and commercial properties <br />are exempt from the Agency's power of eminent <br />domain as described in Section 1, subdivisions <br />(a), (b) and (c), above, and to the extent neces- <br />sary to prevent their being taken by eminent <br />domain by the Agency, said residential properties <br />and commercial properties shall be deemed to be <br />non-conforming uses under the Redevelopment Plan <br />and the Agency shall allow them to remain in their <br />present use and allow the structures so exempted <br />to remain in their present structural configura- <br />tion whether or not the said residential properties <br />and commercial properties comply with the City's <br />General Plan or the zoning or design standards for <br />the North Harbor Boulevard Redevelopment Project <br />Area. <br /> <br />(e) Nothing in this section shall constitute a <br />waiver or restriction on the right of the City or <br />the Agency to take action, including condemnation, <br />