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HomeMy WebLinkAbout2004-01 CRA Not AdoptedRESOLUTION NO. CRA 2004-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE SOUTH MAIN STREET REDEVELOPMENT PROJECT AREA OF THE CITY OF SANTA ANA LOCATED AT 114 - 120 WEST FI RST STREET BE IT RESOLVED BY THE BOARD OF DIF REDEVELOPMENT AGENCY OF THE CITY OF OF THE COMMUNITY AS FOLLOWS: Section 1. The Board of Director of the City of Santa Ana ("Agency"), provided to all those claiming described hereafter, as they apl: a hearing pursuant to Code allowing the owners ther matters: ~pment Agency written notice duly of the properties roll, held 35 for the purpose of heard on the following A. Wb requires the project; Whether corn or located in a manner that is most good and the least private injury; Whether the pr~ the Project; proposed to be acquired is necessary for Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); Whether the Agency complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the properties described herein, as well as any other matter regarding the right to take said properties by eminent domain; and Whether the Agency has statutory authority to acquire the properties by eminent domain. Resolution No. CRA 2004-01 Page 1 of 5 Section 2. The Agency has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously prepared categorical exemption adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Agency finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Agency hereby approves use of this previously adopted categorical exemption and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Agency public interest, necessity, Agency of the specified interest First Street in the City of square feet (collectively referred City of Santa Aha, County of described in Exhibit "A" which is and made a part hereof as hereafter set forth. suit of said hearing, has determined that the require the acquisition by the at 114 through 120 West lsisting of approximately 12,366 The Properties are situated in the and more particularly incorporated herein by reference herein, for the public purposes Section 4. The Agen( interest, convenience and Property for redevelopment location of the Project is at and its acquisition is the greatest public good and and declares that the public acquisition by said Agency of the not limited to assemblage. The of First Street and Sycamore Street ~nner that will be most compatible to t. Section 5. The taki~ said Property as above described is necessary for the public rig by Section 19 of Article I of the California Constitution; the California ~ment Law, Health & Safety Code § 33000 et seq., including but not limited to §§ 33391 & 33342; the Redevelopment Plan for the City of Santa Ana's South Main Street Redevelopment Project Area; California Code of Civil Procedure sections 1240.010, 1240.020, and 1240.220; and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about August 6, 2003. Section 7. The Agency hereby declares that it is the intention of the Agency to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties. Resolution No. CRA 2004-01 Page 2 of 5 Section 8. That if any of the Properties have been appropriate for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section9. Said Properties are located within the South Main Street Redevelopment Project Area, City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The Agency is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The Agency's General Counsel is hereby authorized and directed to prepare, institute and prosecute in the name o[ the A~;~cy such proceedings, in the proper court having jurisdiction thereof, as may b~,~es~ry [or the acquisition of the interests in said Property. The Agency's ~e~n~l is also authorized and directed to obtain a necessary order of~'rfned,~r~ .~¢ess~n and occupancy of said Property, at the discretion o[ t~y's G~.e~)%13~nsel. ~ Section 12. This~,e~olutio~g.,sh~ect immedia~tel~upon its adoption by the Community Rede~pme~,A~gen~e Secreta ~.~,-~hal~.a~est to and certify the vote adopting th~~~ Chairperson APPROVED AS TO FORM: Joseph W. Fletcher General Counsel By: Benjamin Kaufman Assistant Counsel Resolution No. CRA 2004-01 Page 3 of 5 AYES: NOES: ABSTAIN: NOT PRESENT: Boardmembers Boardmembers Boardmembers Boardmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRIClA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. CRA 2004-01 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Secretary, Redevelopment Agency City of Santa Ana Resolution No. CRA 2004-01 Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE STATE OF CALIFORNIA Lots 4 and 5 in Block 1 of Palmer's Addition recorded in Book 34, Page 87 of California. Ana, as shown on a Map of Orange County, Resolution No. CRA 2004-01 Page 5 of 5