HomeMy WebLinkAbout1986-16 CRA
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4/3/86
RESOLUTION NO. 86-16
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND
DIRECTING THE CONDEMNATION OF THAT CERTAIN
LEASEHOLD INTEREST HELD BY JUDY'S SANTA ANA,
INC" IN THAT CERTAIN REAL PROPERTY KNOWN AS
#40 FASHION SQUARE, 2850 NORTH MAIN STREET IN
THE CITY OF SANTA ANA, FOR REDEVELOPMENT
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
that certain leasehold interest held by Judy's Santa Ana, Inc" in
that certain real property known as #40 Fashion Square, 2850 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 said interest 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 county assessment roll for the property described
herein were given notice, and an opportunity to be heard, pursuant
to 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 Notice 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;
(c) Whether the property described herein is necessary
for the proposed project; and
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RESOLUTION NO, 86-16
Page Two
(d) Whether an offer, under Government Code Section
7267,2, has been made to the owner or owners of said interest.
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 and 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 Redevelopment Project Area of Santa Ana and
within the Fashion Square expansion and redevelopment project.
Said property is legally described in Exhibit "A," attached hereto
and incorporated herein by reference, Said property is located as
more particularly shown on Exhibit "B," attached hereto and
incorporated herein by reference,
3. The public interest and necessity require the
Fashion Square expansion and redevelopment project as a project
implementing the aforesaid redevelopment plan,
4. The Fashion Square expansion and redevelopment
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 Fashion Square expansion and redevelopment project,
6. The offer required by Section 7267,2 of the
California Government Code has been made to the owner or owners 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.
BE IT FURTHER RESOLVED that as specific findings of fact
in support of paragraphs 1 through 7 hereinabove, the Community
redevelopment Agency adopts, and incorporates herein by reference,
the staff report dated April 15, 1986.
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RESOLUTION NO, 86-16
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 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 property for the uses and purposes herein
described,
ADOPTED this
the following vote:
15th day of
April
, 1986, by
AYES:
MEMBERS:
Acosta, Griset, Hart,
Johnson, Luxembourger,
McGuigan and Young
NONE
NOES:
MEMBERS:
ABSENT:
MEMBERS :
NONE
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AT~~
REX SWANS
Executive Director and
Recording Secretary
DANIEL E. GRISET
Chairman
APPROVED AS TO FORM:
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EXHIBIT A
All rights, title and interest which Judy's Santa Ana, Inc., a California
oorporation, may possess in those certain premises hereinafter described,
as evidenced by that certain Lease Agreement, dated DeCJE!!1'ber 10, 1970, by
and be~ Santa Ana Venture, a partnership, (as successor-in-interest to
U.I.D.C., Inc., a California oorporation) (Lessor), and Judy's Santa Ana,
Inc., a California oorporation (Lessee), plus any amend1œnts and/or addenda
to said Lease Agreement, in and to that certain property described in Exhibit
"B" of said Lease as "an area 100'x150' on two levels with a 2,328 foot
basement, being #40 Fashion Square Santa Ana;" and ITOre fully described as
follows:
Lot 8 in Tract No. 2805 in the City of Santa Ana, County of
Orange, State of California, as shown on that certain map
reoorded in Book 112, pages 33 and 34 of Miscellaneous Maps,
in the Office of the County Feoorder of said County, and
exmronly known as #40 Fashion Square, 2850 North Main Street,
Santa Ana, California.
390-31
29
MARCH /959
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390-29
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