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FULL PACKET_2007-06-18
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FULL PACKET_2007-06-18
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1/3/2012 4:39:10 PM
Creation date
6/13/2007 1:27:11 PM
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City Clerk
Doc Type
Agenda Packet
Date
6/18/2007
Destruction Year
2012
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D. Section 33342.7 of the CRL requires the City Council to adopt an <br />ordinance on or before July 1, 2007, that contains a description of the Agency's <br />program to acquire real property by eminent domain in connection with the <br />Agency's implementation of the North Harbor Redevelopment Plan; <br />Section 2. <br />Section 308 of the <br />as <br />"The Agency may acquire but is not required to acquire, any <br />real property located in the Project Area, by gift, devise, exchange, <br />purchase, eminent domain or any other lawful method. <br />"It is in the public interest and is necessary in order to <br />eliminate the conditions requiring redevelopment and in order to <br />execute this Plan, for the power of eminent domain to be employed <br />by the Agency to acquire real property in the Project Area. <br />"No eminent domain proceeding to acquire property within <br />the Project Area shall be commenced after the date occurring <br />twelve (12) years after the effective date of the ordinance approving <br />and adopting the First Amendment to the Redevelopment Plan for <br />the Santa Ana North Harbor Redevelopment Project. Those <br />properties previously exempted from eminent domain by the <br />Agency shall remain exempt. [As amended by Ord. No. NS-2291 <br />on 5/6/96.] <br />"To the extent permitted and in the manner required by law, <br />the Agency may declare specific property within the Project Area to <br />be exempt from acquisition by eminent domain under this Plan. <br />The Agency shall have no power of eminent domain as to property <br />so designated, unless this Plan is thereafter amended to expressly <br />make the property subject to acquisition by eminent domain. <br />"The Agency shall not acquire interests in oil, gas, or other <br />mineral or hydrocarbon substances of any kind or character within <br />the Project Area, except to preclude the right to explore for, <br />produce or extract such substances through any opening or <br />penetration for any purpose connected therewith within 500 feet <br />from the surface of any property in the Project Area. <br />"The Agency shall not acquire real property to be retained by <br />an owner pursuant to a participation agreement if the owner fully <br />performs under the agreement. The Agency is authorized to <br />acquire structures without acquiring the land upon which those <br />structures are located. The Agency is also authorized to acquire <br />any other interest in real property less than a fee. <br />"The Agency shall not acquire real property on which an <br />existing building is to be continued on its present site and in its <br />present form and use without the consent of the owner, unless (1) <br />such building requires structural alterations, improvement, <br />modernization, or rehabilitation, or (2) the site or lot on which the <br />building is situated requires modification in size, shape, or use, or <br />(3) it is necessary to impose upon such property any of the <br />2 <br />11A-10 <br />
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