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"It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "No eminent domain proceeding to acquire property within the Project Area shall be commenced after the date occurring twelve (12) years after the effective date of the ordinance approving and adopting the First Amendment to the Redevelopment Plan for the Santa Ana Inter City Commuter Station Redevelopment Project. Those properties previously exempted from eminent domain by the Agency shall remain exempt. [As amended by Ord. No. NS-2289 on 5/6/96.] "To the extent permitted and in the manner required by law, the Agency may declare specific property within the Project Area to be exempt from acquisition by eminent domain under this Plan. The Agency shall have no power of eminent domain as to property so designated, unless this Plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. ''The Agency shall not acquire interests in oil, gas, or other mineral or hydrocarbon substances of any kind or character within the Project Area, except to preclude the right to explore for, produce or extract such substances through any opening or penetration for any purpose connected therewith within 500 feet from the surface of any property in the Project Area. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-4, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the Inter- City Commuter Station Redevelopment Plan or any amendment or extension thereof: (a) the property of Junior Lee Edwards located at 1110 N. Poinsettia Street; and (b) the property of Henry Lomakin located at 1041 Logan Street. In accordance with Ordinance No. NS-2289 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Inter City Commuter Station Redevelopment Project must be commenced no later than June 5, 2008. Ordinance No. NS-2746 Page 2 of 3