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Home My WebLink About1985-02 CRA . . . REL :adg 1/10/85 RESOLUTION NO. 85-02 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 (ASSESSOR PARCELS 402-101-01,402-101-02,402-101-04, AND 402-112-02) 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 identified as Assessor Parcels 402-101-01,4020101-02,402-101-04, and 402-112-02 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 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¡ 2Al . . . RESOLUTION NO. 85-02 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. 2A1 . . . RESOLUTION NO. 85-02 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 MEMBERS: None NOES: ABSENT: MEMBE RS : YO=9 ~ Daniel E. Griset Chairman Rex S nson Executive Director and Recording Secretary APPROVED AS TO FORM: -iPl~", Agency Legal Counsel r---- ¡~l POR. SEC'$. 11 a 20 [5Sfi9W .~ MC F7úJŒN , .: : ~ ~ a AVENUE "I". t... ~ ~ "1.. ,.') ;-. '.cO,' ~ .",," PARI """-""""""...., ~ .. 1.22ACPM. -A' ~ I PM. 3 -Z$ -.... EXHIBIT A - PROJECT AREA ~ .. ;; .ene '.OOÀC P77À AREA TO BE ACQUIRED ~ THROUGH CONDEMNATION ., ~ , PAR. I PII 8-J4 ,- )... ~ ~ ¡¡; , 72AC. lIB Ae , ; ~ . ~ ~ ~ . ~¡ ~ OJ& 2 - , '.J" J C.J,Ie <S. ". - , 0 Plo. 27 . A' ',,0' 1359AC. R S If 42 ø ,,£e4C ~ '0 4 "" Z5 " .40 ! "22';; . ' ... ~ 'eJ ,~... ,'" 2(,.! ~ co ~ 7 @ $ EJPC @ ,',., 1.799 AC 21 @ ~ ,~. "'R. I ~ ,..,. "H"" ~ EDINGER ) -.- EXHIBIT B Ltó'l.- 101-1,2. .4 ~o.. ' 11"1- -....... I THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, 4liOUNTY 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 FOLLO\¡IS: :~ BEGWNING AT THE INTERSECTION OF THE CENTER LINE OF RITCHIE STREET, 5(1.00 FEET IN ¡'JlDTH, ¡'IITH THE SOUTH~'JESTERLY 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, RECORDS OF LOS ANGELES COUNTY, CALI FORN i A, AND F:UNN I NG THENCE SOUTH 5~ 11' 30" EAST ALONG THE SOUTH\¡JESTERLY LINE OF SAID RIGHT OF ¡'IAY, 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 OF SAID ORANGE COUNTY; THENCE SOUTH 89" 52' WEST 951.55 FEET TO THE SOUTHWEST CORNER . OF THE LAND DESCF:IBED IN SAID DEED RECORDED IN BOOK 422, PAGE 145, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID POINT ALSO BEING THE SOUTHEAST COF:NER OF THAT CERTAIN F'ARCEL 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 THREOF, SAID SOUTH~EST COF:NER 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. EXCEPTINß THREFROM 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 4IÞ AND MINERAL SUBSTANCES LYING NOT LESS THAN ONE HUNDRED (100> FEET BELOW THE SURFACE OF SAID LAND, PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UF'ON THE SURFACE OF SAID LAND FOR THE F'URPOSE 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 11EANS 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. 2Al I' : I PARCEL 2: A STRIP OF LAND 30.00 F£ET 1111 WIDTH BY APPROXIMATELY 1950 4IÞ FEET IN AVERAGE LENGTH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING ALL THOSE ~ORTIONS OF SECTIONS 17 AND 20, TOWNSHIP 5 SOUTH, RANGE 9 WEST, RANCHO SANTIAGO DE SANTA' ANA,' WHICH LIE BETI'IEEIII LINES THAT ARE PAR,AlLEL AND/OR CONCENTRIC WITH AND DISTANT 15.00 FEET, MEASURED AT RIGHT ANGLES AND/OR RADIALLY FRùM AND ON EACH SIDE OF THE FOLLOWING DeSCRIBED CENTER LINE: :~ BEGINNINß AT THE INTDRSECTION 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 0(" 00' 15" WEST AND A LENGTH OF 996.70 FEET, WITH A LINE THAT IS PARALLEL 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 86" 53' 45" EAST (BASIS OF BEARINGS AS PER SAID RECORD OF SURVEY) ALONG a SAID F'ARALLEL LINE 1660.50 FEET; ,THENCE EASTERLY ALONG ~ THE ARC OF A CURVE TANGENT TO THE PRECEDING 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 TANßENT TO THE PRECEDING CURVE 78.11 FEET. MORE OR LESS, TO THE POINT OF ENDING IN THE SOUTHWES¡:ERLY LINE OF THE 50-FOOT I~IDE 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 LENGTHEr~ED OR SHORTENED TO ORIGI,NATE IN THE MOST WESTERLY LINE OF SAID RECORD OF SURVEY AND TO TERMINATE 'IN THE SOUTHWESTERLY LINE OF SAID 50-FOOT WIDE RIGHT ,OF IoJAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILvJAY COMPANY; EXCEPTING THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES LYING NOT LESS THAN ONE HUNDRED (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 4IÞ OF EXTRACTING SAID OIL, GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY F~RPOSE 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 JA~JARY 5, 1961 IN BOOK 5578 PAGE 138 OF OFFICIAL RECORDS. 2Al