HomeMy WebLinkAbout1985-44 CRA
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9/23/85
RESOLUTION NO. 85-44
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN
REAL PROPERTY LOCATED AT 2706 NORTH MAIN
STREET IN THE CITY OF SANTA ANA FOR REDEVEL-
OPMENT PURPOSES, AND DECLARING THE PUBLIC
NECESSITY THEREFOR
WHEREAS, pursuant to the redevelopment plan for the
City of Santa Ana Redevelopment project, it has become necessary
for the Community Redevelopment Agency of the City of Santa
Ana to acquire certain real property located at 2706 North
Main Street in the City of Santa Ana Redevelopment Project
area ¡ and
WHEREAS, the Agency has made an offer to the owner or
owners of record to acquire the property described herein at an
amount not less than the Agency's approved appraisal of the fair
market value of the property¡ and
WHEREAS, all persons whose names and addresses appear
on the last equalized assessment roll for the property described
herein and all persons whose names appear as record owners on the
litigation guarantee reports for said property, were given
notice and an opportunity to be heard pursuant to the Code of
civil Procedure Section l245.235¡ and
WHEREAS, a public hearing was held by the Community
Redevelopment Agency on those matters set forth in its Notices
of Intention to Adopt a Resolution of Necessity and referred to
in Section 1240.030, Code of Civil Procedure, which included the
following matters:
(a) Whether the public interest and necessity require
the proposed project¡
(b) Whether the project is planned and located in
the manner that will be compatible with the greatest public
good and the least private injury¡ and
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RESOLUTION NO.8 5- 44
PAGE TWO
(c) Whether the property described herein is neces-
sary for the proposed project.
NOW, THEREFORE, BE IT RESOLVED by the Community
Redevelopment Agency of the City of Santa Ana that it finds
and determines as follows:
1. The public use for which the property is to be
taken is the redevelopment of a blighted area and the provision
for appropriate continuing land use and construction policies
within such area pursuant to the redevelopment plan for the City
of Santa Ana Redevelopment Project, in particular by the redevel-
opment of such area pursuant to agreements between the Agency
and Santa Ana Venture and KLST Partnership, Ltd. (hereinafter
referred to as the Project), The Agency is specifically authorized
by virtue of Health & Safety Code Section 33391 and Section 33342
to take property by condemnation for redevelopment purposes.
2. The property described herein is located as depicted
by the map attached hereto as Exhibit A, and incorporated herein
by reference, and is necessary for the proposed project. Said
property is more particularly described as set forth in Exhibit B
attached hereto and incorporated herein by reference.
3. The public interest and necessity require the
Project as a project implementing the abovesaid redevelopment
plan.
4. The Project is planned or located in the manner
that will be most compatible with the greatest public good and
the least private injury.
5. The property hereinabove described is necessary
for the Project.
6. The offer required by Section 7267.2 of the
California Government Code has been made to the owners of record
of the property hereinabove described.
7. If the property described herein is appropriated
to a public use, the Agency is authorized to acquire it pursuant
to Code of Civil Procedure Section 1240.610.
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RESOLUTION NO.8 5- 44
PAGE THREE
BE IT FURTHER RESOLVED that the City Attorney of the
City of Santa Ana is hereby directed to bring an action in the
Superior Court of the State of California in the name of the
Community Redevelopment Agency of the City of Santa Ana, to
acquire by eminent domain proceedings, the fee simple estate
in said real property for the aforesaid purposes. The City
Attorney is authorized and instructed to do all things neces-
sary for the acquisition of said real property including the
making of application to said court for an order fixing the
amount of security by way of money deposit as said court may
direct and for an order permitting the Community Redevelop-
ment Agency of the City of Santa Ana to take possession and
use of said real property for the uses and purposes herein
described.
ADOPTED this~day o~Pt~ 1985, by the
following vote:
AYES:
MEMBERS: Griset, Hart, Johnson, Luxembourger, M::Guigan and
Young
MEMBERS: None
NOES:
ABSENT:
MEMBERS: Acosta ~
AVifJ ~
Rex Swanson
Executive Director and
Recording Secretary
Daniel E. Griset
Chairman
APPROVED AS TO FORM:
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ASSESSOR PAHCEL NO. 002-210-35
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30.00 FEET INGRESS & EGRESS
EASEMENT
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EXHIBIT
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LEGAL DESCRIPTION
OF
ASSESSOR PARCEL NO. 002-210-35
All that certain real property situated in the State of California,
County of Orange, City of Santa Ana, described as follows:
Parcel 1:
The Easterly 662.50 feet of that portion of land allotted to Able
Stea~~,as described in the Final Decree of Partition of ~he Rancho
Santiago De Santa Ana, a certified copy of which was recorded
September 12,1868 in Book B, page 410 of Judgments of the District
Court of the 17th Judicial District in and for Los Angeles County,
California, described as follows:
Beginning at the Northeast corner of Section 1, Township 5 South,
Range 10 West, San Bernardino Base and Meridian, in said Rancho,
being on the-centerline of North Main Street¡ thence North 0 02'
48" West 174.10 feet along said centerline¡ thence South 89 43'
06" t'iest 1273.98 feet to the Northeasterly line of the land described
in Deed to the State of California recorded August 26, 1955 in Book
3188, page 329 of Official Records of said Orange County, being a
point on a curve concave Southwesterly, having a radius of 10,100
feet, from which a radial line bears South- 55 26' 19" West¡ thence
Southeasterly 34.18 feet along said curve, through a central angle
of 0 11' 38" to a line tangent¡ thence South 34 22' 08" East 189.14
feet along said tangent line and said Northeasterly line to the North
line of said Section 1¡ thence North 89 48' 15" East 1148.00 feet to
the point of , beginning.
Excepting therefrom the Southerly 144.10 feet of the East 270.00 feet.
Also excepting therefrom the Northerly 30.00 feet of the Easterly
52.00 feet.
'Parcel 2:
A non-exclusive easement for ingress and egress over the Northerly
30.00 feet of that portion of the land allotted to Abel Stearns,
as described in the Final Decree of Partition of the Rancho Santiago
De Santa Ana, which was entered September 12, 1868 in Book B, page
410 of Judgments of the District Court of the 17th Judicial District
in and for Los Angeles County, California, described as fol+ows:-
Beginning at the Northeast corner of Section 1, Township 5 South,
Range 10 West, in said Rancho, being on the centerline of North
Main Street¡ thence North 0 02' 48" West 174.10 feet along said
centerline¡ thence North 89 43' 06" West 1273.98 feet to the
North easterly line of the land described in Deed to the State of
California recorded August 26,1955 in Book 3188, page 329 of Official
Records¡ thence South 34 22' 08" East 189.14 feet along said North-
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easterly line to the North line of said Section l¡ thence North 89
48' 15" East 1148.00 feet to the point of beginning.
Excepting therefrom the Easterly 662.50 feet.