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<br />, . <br /> <br />'. <br /> <br />RESOLUTION NO. 84-2 <br />PAGE TWO <br /> <br />t <br /> <br />(2) as to all properties which front <br />on First Street and that portion of <br />South Main Street between First Street <br />at the north and south to Warren Avenue <br />through December 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. <br /> <br />NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF <br />THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: <br /> <br />SECTION I: <br /> <br />Exemption From Eminent Domain <br /> <br />. <br /> <br />Pursuant to the authority granted to the Agency to exempt <br />properties from its power of eminent domain by Section 33399 of the <br />Health & Safety Code, the Agency does hereby declare: <br /> <br />(a) The properties currently owned by plaintiffs <br />Gerald Peebler located at 203-205 So. Main, 112, <br />114,116,118 & 120 E. Walnut, 202-206 So. Cypress, <br />and John Ralph Albert located at 917,919 & 919-1/2 <br />So. Sycamore, 1024,1026,1026-1/2 & 1026A South Main, <br />Street are exempt from eminent domain by the Agency <br />for the duration of the Redevelopment Plan or any <br />amendment or extension thereof. <br /> <br />. <br /> <br />(b) All presently residential properties located <br />within the Project Area are exempt from acquisition <br />by eminent domain under the Redevelopment Plan by <br />the Agency. The Agency shall have no power of <br />eminent domain as to the residential properties <br />exempted by this Section lIb) except for those <br />public uses for which the City of Santa Ana would <br />be able to exercise eminent domain if there were <br />no Redevelopment Plan for the duration of the <br />Redevelopment Plan or any amendments, or extensions <br />thereof. As used in this Resolution, the term <br />"residential properties" means a complete parcel of <br />land together with a structure presently being used <br />for residential purposes which use is not changed <br />or all or any part of a structure presently being <br />used for residential purposes which use is not <br />changed. <br />