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HomeMy WebLinkAbout1985-04 CRA . . . 5 REL:adg 1/10/85 RESOLUTION NO. 85-04 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 (1535 TROTTER 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 1535 Trotter Avenue in the Santa Ana South Main Street Redevelop- ment 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¡ 2A3 . . . 3 RESOLUTION NO. 85-Q4 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 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 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. 2A3 . . . RESOLUTION NO. 85-04 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 by the following vote: 22nd day of January ,1985, AYES: MEMBERS: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan MEMBE RS: None NOES: ABSENT: MEMBE RS: Young 4J Daniel E. Griset Chairman Rex S nson Executive Director and Recording Secretary APPROVED AS TO FORM: _J 3 ¡~l POR. SEC'$. 11 a 20 [5Sfi9W '~ MC FAOŒN " ': ; ~ ~ '& AVENUE ,.') ;-. '" .,' ~ ..".. ..,,' '-"'"" PAR. I , ..' "... ' ' ~ .. 1,22ACPM, 2 ,A' ~ I P.M. J '2' -.... EXHIBIT A - PROJECT AREA ~ .. ;; ClJC "OOÀC ~ AREA TO BE ACQUIRED THROUGH CONDEMNATION " ~ , PAR, I PII ~."4 " ~ <;: ¡¡; , 72AC, 188 AC , ; ~ " ~ ... ~ ~ . ~: ~ 0"' 2 " , '-J" ... ..' JOJ.:C, ,--"",.. ,-'.,.... 'R'" - ... ,,' . 0 P!of 27 . A' ,,,°' IJ ,lAC, R S 9( . 42 ø J;ó'4C, ~ 'CJ l i I I I I.' t ...;" ; , ¡,¿ .' 'C_, t¡: I-" 4 "" 2' H ..":.~,,..,,~ '. @..; 3 ~ ... ,'" ..-~ ~ P" ! @ , EJAC @ ",., 1.799 AC 21 @ ~ -~. "'R, I, ~ , '" lIS ., " J" I ~ EDINGER ) --¡- . . . J EXHIBIT 8 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 "A": A PORTION OF THE LAND DESCRIBED IN DEED DATED OCTOBER 17, 1960, RECORDED DECEMBER 12, 1960 AS INSTRUMENT NO. 215816 IN BOOK 5545, PAGE 9, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID LAND BEING A PORTION OF THE LAND ALLOTTED TO FREDERICK W. KOLL, IN SECTION 20, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO ÐANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE D,ISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COU~TY, CALIFORNIA, SAID FIRST NAMED PORTION BEING DESCRIBED AS FOLLOWS: . ' BEGINNING AT A POINT IN THE NORTHERLY LINE OF EDINGER STREET, DISTANT THEREON NORTH 89- 01' 50" EAST 30.01 FEET FROM THE SOUTHWESTERLY CORNER OF PARCEL 3 AS SHOWN ON ~ RECORD OF SURVEY RECORDED OCTOBER 28, 1964, IN BOOK 76, PAGE 40 OF RECORDS O~ SURVEYS, COUNTY OF ORANGE, CALIFORNIA; SAID POINT OF BEGINNING BEING ALSO NORTH 0- 28' 50" EAST 80.60 FEET AND NORTH 89- 01' 50" EAST 270. t)9 FEET FROM THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT' NO. 215816; THENCE NORTH 89.01' 50" EAST 144.57 FEET7 ALONG THE NORTHERLY LINE OF EDINGER STREET, AS SHOWN ON SAID RECORD OF SURVEY MAP, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13. 08' 25" AN ARC LENGTH OF 240.81 FEET; THENCE NORTH O' 28' 50" EAST 245.04 THENCE SOUTH 89- 54' 45" WEST 383.86 FEET, PAFiALl.EL WITH AND DISTANT 70.00 FEET SOUTHERLY, t1EASIJRED AT RIGHT ANGLES FROM THE NORTH LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT NO. 215816; THENCE SOUTH O' 28' 50" ~ EST 223.45 FEET, MORE OR LESS. Tù THE POINT OF BEGINNING, CONTAINING 1.'993 ACRES OF L'AND. 2A3 . . . . . J . PARCEL "B": A PO: :ON OF THE LAND DESCRIBED j DEED DATED OCTOBER 17, 1960, ~ECORDED DECEMBER 12, 1960 H$ INSTRUMENT NO. 215816 IN BOOK 5545, PAGE 9, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID LAND BEING A PORTION OF THE LAND ALLOTTED TO FREDERICK W. KOLL. IN SECTION 20. TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIÄN, 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, SAID FIRST NAMED PORTION BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF EDINGER STREET AT THE SOUTHWESTERLY CORNER OF PARCEL 3, AS SHOWN ON A RECORD OF SURVEY RECORDED OCTOBER 28, 1964, IN BOOK 76, PAGE 40 OF RECORDS OF SURVEYS, COUNTY OF ORANGE, CALIFORNIA; SAID POINT OF BEGINNING BEING ALSO NORTH O' 28' 50" EAST 80.60 FEET AND NORTH 89- 01' 50" EAST 240.08' FROM THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT NO. 215816; THENCE NORTH 89- 01' 50" EAST 30.01 FEET ALONG THE NORTHERLY LINE OF EDINGER STREET; THENCE NORTH 0- 28' 50" EAST 223.45 FEET; THENCE NORTH 89- 54' 45" EAST 383.86 FEET, PARALLEL WITH THE DISTANT 70.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT NO. 215816; THENCE SOUTH ()8 28' 50" WEST 245.04 FEET TO A POINT IN THE NORTHERLY LINE OF EDINGER STREET, SAID POINT BEING 50.00 FEET WESTERLY, MEASURED ALONG THE NORTHERLY LINE OF EDINGER STREET, BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1050.00 FEET, FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL 3, A RADIAL LINE PASSING THRU SAID POINT BEARS SOUTH 12. 10' 15" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2- 43' 42" AN ARC LENGTH OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID PAF¡CEL 3; THENCE NORTH 18- 33' 10" EAST 344.88 FEET TO THE NORTHEAST COI"<NER OF SAID PARCEL 3, SAID POINT BEING IN THE NORTH LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT NO. 215816; THENCE SOUTH 89- 54' 45" WEST 569.57 FEET, ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 0- 2B' 50" WEST 293.91 FEET TO THE POINT OF BEGINNING, CONTAINING 1.579 ACRES OF LAND. EXCEPTING THEREFROM: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE LAND ALLOTTED TO FRE;DEF<ICK W. KOLL AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SMHIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOI< "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: 2A3 ," , , :.' . . ( BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA. RECORDED APRIL 4. 1962 IN BOOK 6063. PAGE 706 OF OFFICIAL RECORDS, SAID POINT BEING NORTH 89" 01' 50" EAST 24f).09 FEET FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN A DEED TO SANTA ANA LUMBER COMPANY, A CALIFORNIA CORPORATION. RECORDED JUNE 30, 1960 IN BOOK 5308. PAGE 243 OF OFFICIAL flECORDS; SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO UNION OIL COMPANY OF CALIFORNIA, A CORPORATION, RECORDED APRIL 9, 1964 IN BOOK 6997, PAGE 267 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, NORTH 0" 28' 50" EAST PARALLEL WITH SAID WESTERLY LINE, 243.45 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 50.00 FEET FROM THE NORTHERLY LINE OF SAID LAND OF SANTA ANA LUMBER CO~1PANY; THENCE NORTH 89" 54' 45" EAST ALONG SAID PARALLEL LINE 553.20 FEET TO THE BOUNDARY LINE OF SAID LAND OF THE STATE OF CALIFORNIA; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: SOUTH 18. 33' 10" WEST 292.13 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14" 53' 57" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15" 52" 07". AN ARC DISTANCE OF 290.81 FEET; THENCE SOUTH 89" 01' 50" WEST 174.57 FEET TO THE POINT OF BEGINNING. SAID LAND IS ALSO SHOWN AS PARCEL 2 ON A MAP FILED IN BOOK 11 PAGE 47 OF PARCEL MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; CALIFORNIA. 3 '7 2Jf3