HomeMy WebLinkAbout1985-09 CRA
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RESOLUTION NO. 85- 09
A RESOLUTION OF 'THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN
REAL PROPERTY FOR REDEVELOPMENT PURPOSES
IN THE SANTA ANA AUTO CENTER DEVELOPMENT
SITE IN THE CITY OF SANTA ANA, STATE OF
CALIFORNIA, AND DECLARING THE PUBLIC
NECESSITY THEREFOR (2101 EAST EDINGER
AVENUE)
WHEREAS, pursuant to the redevelopment plan for the
Santa Ana South Main Street Redevelopment Project, it has
become necessary for the Community Redevelopment Agency of the
City of Santa Ana to acquire certain real property located at
2101 East Edinger Avenue in the Santa Ana South Main Street
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, and all tenants
were given notice and an opportunity to be heard pursuant to the
Code of Civil Procedure Section 1245.235¡ 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¡
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RESOLUTION NO. 85-09
PAGE TWO
(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
(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. 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 Santa Ana South Main Street Redevelopment Project area of
Santa Ana and within the Santa Ana Auto Center project as depicted
by the map attached hereto as Exhibit A, and -~çorporated 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 Santa
Ana Auto Center project.
4, The Santa Ana Auto Center 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 Santa Ana Auto Center.
6. The offer required by Section 7267.2 of the
California Government Code has been made to the owners of Record.
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RESOLUTION NO. 85-09
PAGE THREE
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.
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 22nd day of
by the following vote:
January
,1985,
AYES:
MEMBERS: Acosta, Griset, Hart, Johnson, Luxembourger,
McGuigan
MEMBE RS: None
NOES:
ABSENT:
MEMBE RS: Young
w
Daniel E. Griset
Chairman
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Executive Director and
Recording Secretary
APPROVED AS TO FORM:
er
Counsel
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EXHIBIT A
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A.P.N. 402-101-26
EXHIBIT B
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THE REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE LAND ALLOTTED TO FREDERICK W. KOLL AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,1868
IN BOOK liB., PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF
THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHERLY 122.24 FEET OF THE WESTERLY 205.00 FEET OF
PARCEL NO.2 AS SHOWN ON A MAP FILED IN BOOK 41, PAGE 29 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
EXCEPTING THEREFROM ALL OIL, PETROLEUM, NATURAL GAS, MINERAL
RIGHTS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH
OF 500 VERTICAL FEET FROM THE SURFACE OF SAID LAND FOR THE
PURPOSE OF EXPLORING FOR, EXTRACTING, MINING, BORING,
REMOVING OR MARKETING SAID SUBSTANCES, HOWEVER, WITHOUT ANY
RIGHT OF ANY ENTRY UPON THE SURFACE OF SAID LAND, AS
RESERVED IN DEED RECORDED OCTOBER 5, 1970 IN BOOK 9422, PAGE
493 OF OFFICIAL RECORDS.
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