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<br />"" <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />At this time, the Assistant Director Redevelopment & Real <br />Estate introduced Mr. Edward J. Cooper, City Attorney, to <br />address the legal issues involved. The City Attorney then <br />explained the existing laws with regard to eminent domain <br />proceedings. <br /> <br />Chairman Luxembourger announced that the Agency would now <br />like to hear from those people who desire to address the <br />Agency on this issue. He added that if anyone desired to <br />address the Agency, they should step forward to the podium, <br />give their name and address and limit their comments to five <br />minutes. <br /> <br />Mr. James A. Richards, Board Member of the Santa Ana Unified <br />School District, 1405 French Street, Santa Ana, California <br />addressed the Agency stating that the School Board had <br />received legal advise that the City is not in a legal <br />position to take the action proposed without the majority <br />vote of the School District Board. That although the School <br />Board does not feel that the public interest is going to be <br />served by a legal confrontation, they have chosen to rely on <br />their legal advise and continue in opposition of the <br />Agency's request. <br /> <br />Mary Pryer, also a member of the School Board, stated that <br />an appraisal for the property in question had never been <br />presented and that the Board feels that the amount being <br />offered does not take into account the impact on the <br />adjoining property. She also stated that she would like to <br />see the matter continued until a later date so all aspects <br />can be considered. <br /> <br />Chairman Luxembourger invited Staff to address the comments <br />made by the two School Board members. <br /> <br />The City Manager stated that the City had the property <br />appraised and offered the School District the full amount of <br />the approved appraisal in the amount of $1,000.00. The time <br />frame of the commitment with Birchpark Associates <br />necessitates immediate acquisition of the property. <br /> <br />Chairman Luxembourger requested the City Attorney to comment <br />on the issues presented. The City Attorney advised the <br />Agency members that the offer was based on an appraisal <br />which was checked and confirmed by a second appraiser who <br />determined the appraisal to be a fair offer. The second <br />issue is whether or not the Agency has the power to take <br />possession of the property. Due to the fact that the <br />property is not being used by the School District for school <br />purposes, the City has a viable interest and is prepared to <br />go to court to take possession of the property. <br /> <br />-4- <br />