03/17/1980 - Laserfiche WebLink

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. . . . that Mr. Robert Fainbarg, owner of a parcel adjacent to the sales parcel, has been using a portion of the parcel on a month-to-month basis (under an oral agreement with the present t~nants) for loading and unloading and convenience parking. Mr. Fainbarg has no legal right to the parcel, but needs to acquire an interest covering access, loading and unloading. Staff has been working on a solution to allow the sale of the parcel to the Greenbergs and still protect the Fainbarg property. Staff thought an agreement had been reached with Mr. Greenberg which would provide that prior to conveying the property to the Greenbergs, the Redevelopment Agency would convey to the Fainbargs the right of access across their property, and further grant a right covering loading and unloading within a specified area. Late Friday, March 14, the Fainbargs said this was not acceptable to them, and that they would prefer to purchase the easterly 25 feet of the parcel. The Greenbergs, in order to carry out their plans, would require a very minor access easement on the property proposed to be sold to the Fainbargs. The dispute comes down to the Greenberg's wish to proceed with the agreement as proposed. They desire to own all of the property, but they are willing to let the Agency provide ingress and egress and loading rights to the Fainbargs via an easement. The Fainbarg's position is that they would prefer to own the 25 feet, and they will give the Greenbergs an easement for ingress and egress over the portion required for driveway purposes. The Executive Director pointed out that in the memorandum to the Redevelopment Agency on the subject matter, dated March 17, 1980, there were two options the Agency could take: one in favor of the Greenbergs; and one in favor of the Fainbargs. The Executive Director further stated that if this matter is delayed it could affect the Greenberg's financing that they have secured from the Federal Government ($250,000 at 3% interest). The cut-off date is April 29, 1980. The Acting Chairman asked to hear from the public in agreement with the environmental findings or the proposed sale. The following spoke: Mr. Billy Greenberg, 11211 Hunting Horn, Santa Ana Mr. Harry Greenberg, 34545 Camino Capistrano, Capistrano Beach Howard Way, 801 W. Tenth Street, Santa Ana The Acting Chairman then asked to hear from the public disagreeing with the environmental findings or the proposed sale. The following spoke: Mr. Alan Fainbarg, Newport Beach After lengthy discussion, the Acting Chairman closed the public hearing and entertained a motion regarding the environmental findings. A motion was made by Mr. Serrato, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-25: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY GREENBERG AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward -2-