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<br />,þ <br />:' ~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />.,' , <br /> <br />RESOLUTION NO. 84-4 <br />PAGE TWO <br /> <br />(I) as to all properties in the Project <br />Area owned by plaintiffs <br /> <br />(2) as to all residential and those commercial <br />properties described in Exhibit 2, attached <br />hereto through and including December 31, 1988. <br /> <br />(b) Nothing in this Resolution is meant to prohibit <br />the Agency from using eminent domain in order to carry <br />out the public purposes which the City could carry out <br />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. <br /> <br />NOW THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF <br />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 declare: <br /> <br />(a) The property of plaintiffs Junior Lee Edwards <br />located at 1110 N. Poinsettia Street and Henry Lomakin <br />at 1041 Logan Street is exempt from eminent domain by <br />the Agency for the duration of the Redevelopment Plan <br />or any amendment or extension thereof. <br /> <br />(b)(i) All presently residential properties located <br />within the Project Area are exempt from acquisition <br />by eminent domain under the Redevelopment Plan by the <br />Agency through and including December 31, 1988, and <br />during this period the Agency shall have no power of <br />eminent domain as to the residential properties ex- <br />empted by this Section l(b)(i) except for those <br />public uses for which the City of Santa Ana would be <br />able to exercise eminent domain if there were no <br />Redevelopment Plan for the duration of the Redevelop- <br />ment Plan or any amendments, or extensions thereof. <br />As used in this Resolution, the term nresidential <br />properties" means a complete parcel of land together <br /> <br />. <br />