HomeMy WebLinkAbout1987-01 CRA
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RESOLUTION NO. 87- 01
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 DAVID G. DAVIS AND
BARBARA A. DAVIS, dba SNACK'S 5TH AVENUE, IN
THAT CERTAIN REAL PROPERTY KNOWN AS #26 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 David G. Davis and
Barbara A. Davis, dba Snack's 5th Avenue, in that certain real
property known as #26 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 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 most compatible with the greatest public good
and the least private injury;
(c) Whether the property described herein is necessary
for the proposed project; and
(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:
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RESOLUTION NO. 87- 01
Page 2
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
record 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 January 20, 1987.
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
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RESOLUTION NO. 87- 01
Page 3
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:
20th
.1"nl1"ry
, 1987, by
day of
AYES:
MEMBERS: Acosta, Griset, Hart, May, McGuigan, Pulido &
Young
MEMBERS: None
NOES:
ABSENT:
MEMBERS: None
r/i£1YdØ---
Executive Director and
Recording Secretary
~.1!~
Chairman
APPROVED AS TO FORM:
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EXHIBIT A
All rights, title and interest which David G. Davis and
Barbara A. Davis, dba Snack's 5th Avenue, may possess in
those certain premises hereinafter described, as evidenced
by that certain Lease Agreement, dated March 16, 1974, by
and between Santa Ana Venture, a partnership, (as
successor-in-interest to U.I.D.C., Inc., a California
corporation) (Lessor), and David G. Davis and Barbara A.
Davis, dba Snack's 5th Avenue, (Lessee), plus any amendments
and/or addenda to said Lease Agreement, in and to that
certain property described in said Lease as "#26 Fashion
Square, Santa Ana, (approximately 675 sq.ft. plus basement)"
and more fully described as follows:
A portion of Lot 7 in Tract No. 2805 in the City of
Santa Ana, County of Orange, State of California, as
shown on that certain map recorded in Book 112, pages
33 and 34 of Miscellaneous Maps, in the Office of the
County Recorder of said County, and commonly known as
#26 Fashion Square, 2850 North Main Street, Santa Ana,
California.
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