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Home My WebLink About1985-37 CRA ':, .. ," , . . . . LAR:jd 8/29/85 RESOLUTION NO. 85-37 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN PERSONAL PROPERTY IDENTIFIED AS AN OUTDOOR ADVERTISING BULLETIN GEN- ERALLY LOCATED ADJACENT TO THE NEWPORT FREEWAY 500' EAST OF THE THE EDINGER OFF-RAMP IN THE CITY OF SANTA ANA FOR DEVELOPMENT PURPOSES IN THE CITY OF SANTA ANA AUTO CENTER DEVELOPMENT SITE, 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 that certain personal property identified as an outdoor advertising , bulletin generally located adjacent to Newport Beach Freeway 500' east of the Edinger offramp in the City of Santa Ana Redevelopment project area, which personal property is more specifically described in Exhibit "A," attached hereto and incorporated by reference, and WHEREAS, the Agency has made an offer to the, owner or owners ofI;ecord 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 property is to be acquired by eminent domain and all persons whose names and addresses appear on the last equalized assessment roll for the property described herein 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 .: ,', . ~ . RESOLUTION NO. 85-37 Page two (c) Whether the property described herein is necessary for the proposed project. NOW, THEREFORE, BE IT RESOLVED by the Community Redevel- opment 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 appro- priate continuing land use and construction policies within such area. 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 within the City of Santa Ana South Main Street Redevelopment project Area of Santa Ana and within the site of the "Santa Ana Auto Center Project Area" as depicted by the map attached hereto as Exhibit "B," and incorporated herein by reference, and is necessary for the proposed project. 3. The property described herein is physically situated on that certain real property more particularly described in Ex- hibit "C," attached hereto and incorporated herein by reference. 4. The public interest and necessity require the Santa Ana Auto Center project 5. The Santa Ana Auto Center Project is planned or lo- cated in the manner that will be most compatible with the greatest public good and the least private injury. 6. The property hereinabove described is necessary for the Santa Ana Auto Center. 7. The offer required by Section 7167.2 of the California Government Code has been made to the owners of record of the property hereinabove described. 8. 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. r . . . RESOLUTION NO. 85- 37 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 Rede- velopment Agency of the City of Santa Ana to acquire by eminent domain proceedings, the personal property described herein for the aforesaid purposes. The City Attorney is authorized and instructed to do all things necessary for the acquisition of said 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 Redevelopment Agency of the City of Santa Ana to take possession and use of said personal property for the uses and purposes herein described. ADOPTED this the following vote: 17th day of September , 1985 by AYES: MEMBERS: GRISEI', HARr, JOHNSCí\l, IIJXEl'1BOURGER,McGUlGAN, YOONG MEMBERS: ACOSTA MEMBERS: NCNE NOES: ABSENT : ~ Daniel E. Griset Chairman Rex S son Executive Director and Recording secretary APPROVED AS TO FORM: , , . . . EXHIBIT "An Painted Bulletin. Mon~pole steel, 48" diameter x 50' high with 37' of ladder, straight sided, back to back, 14' x 48' each, illuminated 1672 square feet to side, located adjacent to Newport Freeway, approximately 500 feet east of the Edinger off-ramp¡ which bulletin is physically situated on that certain real property more particularly described in Exhibit "c" to this resolution. EXHIBIT "A" .: " . .; l- ii: . ì ( MC FADDEN AVE D ~ ~o- ~~ ~ ~O "';70 OA) ~ ~.>- ~G' ~- ~ l- v¡ a:- OJ I- b a: I- EDINGER AVE /! ~8 '" ~ ACQUIRED FROM RAILROAD EXHIBIT "B" '.;.....,,-"',; .' . I . ~. . ." -"I' .' J THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE NORTHEASTERLY 19 FEET TOGETHER WITH THE SOUTHERLY 20 FEET OF THE FOLLOWING DESCRIBED LAND. THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWs.: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF RITCHIE STREET, 50.00 FEET IN WIDTH, WITH THE SOUTHWESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, 50.00 FEET IN WIDTH, AS DESCRIBED IN A DEED RECORDED IN BOOK 204, PAGE 135, DEEDS, RECORnS OF LOS ANGELES COUNTY, CALI- FORNIA, AND RUNNING THENCE SOUTH 50° II' 30" EAST ALONG THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY, 2721.70 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED MAY 6, 1922, IN BOOK 422, PAGE 145, DEEDS, RECORDS qF SAID ORANGE COUNTY; THENCE SOUTH 89° 52' WEST 951.55 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 422, PAGE 145, DEEDS, RECORDS pF SAID ORANGE COUNTY, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED RECORDED IN BOOK 211, PAGE 85, DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 211, PAGE 85, DEEDS, RECORDS OF SAID ORANGE COUNTY, 1155,00 FEET TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER BEING A POINT IN THE CENTER LINE OF SAID RITCHIE STREET; DISTANT SOUTHERLY 1747.88 FEET, MORE OR LESS, FROM THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID RITCHIE STREET, 1747.88 FEET TO SAID POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF AS CONVEYED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY BY DEED RECORDED JANUARY 5,1961, IN BOOK 5578, PAGE 138 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES LYING NOT LESS THAN ONE HUNDREn (100) FEET BELOW THE SURFACE OF SAID LAND, PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDRO- CARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT-DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND, OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND; AS RESERVED IN DEED RECORDED SEPTEMBER 5,1962, IN BOOK 6238, PAGE 757 OF OFFICIAL RECORDS. EXHIBIT "C" . I . -.., 8, . PARCEL 2: A STRIP OF LAND 30.00 FEET IN WIDTH BY APPROXIMATELY 1950 FEET IN AVERAGE LENGTH IN THE COUNTY OF ORANGF., STATF. OF CALIFORNIA, BEING ALL THOSE PORTIONS OF S~~CTIONS 17 AND 20, TOWNSHIP 5 SOUTH, RANGE 9 WEST, RANCHO SANTIAGO DE SANTA ANA, WHICH LIE BETWEEN LINES THAT ARE PARALLEL AND/OR CONCENTRIC WITH AND DISTANT 15.00 FEET, MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM AND ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE INTERSECTION OF THE MOST WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN ON RECORD OF SURVEY MAP RECORDED OCTOBER 26,1959, AND FILED IN BOOK 45, PAGE 50, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID MOST WESTERLY LINE HAVING A BEARING OF NORTH 00° 00' 15" WEST AND A LENGTH OF 996,70 FEET, WITH A LINE THAT IS PARA- LLEL WITH AND DISTANT NORTHERLY 15.00 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID PARCEL OF LAND SHOWN ON SAID RECORD OF SURVEY MAP, SAID SOUTHERLY LINE HAVING A BEARING OF SOUTH 88° 53' 45" WEST AND A LENGTH OF 1155.59 FEET: THENCE NORTH 88° 53' 45" EAST (BASIS OF BEARINGS AS PER SAID RECORD OF SURVEY) ALONG SAID PARALLEL LINE 1660.50 FEF.T; THENCE EASTERLY ALONG THE ARC OF A CURVE TANGENT TO THE PRE- CEDING COURSE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 359,265 FEET THROUGH A CENTRAL ANGLE OF 33° 12' 43" A DISTANCE OF 208.25 FEET; THENCE SOUTH 57° 53' 32" EAST TANGENT TO THE PRECEDING CURVE 78.11 FEET, MORE OR LESS., TO THE POINT OF ENDING IN ~HE SOUTHWESTERLY LINE OF THE 50-FOOT WIDE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS DESCRIBED IN DEED RECORDED IN BOOK 204, PAGE 135, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THE SIDE LINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO ORIGINATE IN THE MOST WEST- ERLY LINE OF SAID RECORD OF SURVEY AND TO TERMINATE IN THE SOUTHWESTERLY LINE OF SAID 50-FOOT WIDE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY¡ F.XCEPTING THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES LYING NOT LESS THAN ONE HUNDRED (100) FEET BELOW TH~ SURFACE OF SAID LAND, PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT-DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND, OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND; AS RESERVED IN DEED RECORDED JANUARY 5,1961, IN BOOK 5578, PAGE 138, OF OFFICIAL RECORDS. \\ II E"-t: ~l~\\ L