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HomeMy WebLinkAbout1989-17 CRA . . . . . . . . RJW/fm 11/14/89 RESOLUTION NO. 89-17 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN EAST-WEST ALLEY, LOCATED BETWEEN THIRD STREET AND SANTA ANA BOULEVARD, 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 east-west alley, located between Third Street and Santa Ana Boulevard, in the City of Santa Ana Redevelopment Project area; and WHEREAS, the Agency has not 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, because, after due and reasonable diligence, the Agency was not able to locate the owner or owners of record of said property; and WHEREAS, the Agency, as required by Code of Civil Procedure Section 1245.235, has undertaken all reasonable efforts to give notice and reasonable opportunity to be heard to the person or persons, according to the Agency's records, whose name(s) appear as record owner(s) of said property; 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; and It( 2B . . . . . . t RESOLUTION NO. 89-17 Page 2 (c) whether the property described herein is necessary 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 more particularly described as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Said property is located within the City of Santa Ana Redevelopment Project area of Santa Ana and within the site of the "A-13 Development Project" as depicted by the map attached hereto as Exhibit "B," and incorporated herein by reference, and is necessary for the proposed project. 3. The public interest and necessity require the "A-13 Development Project" as a project implementing the abovesaid redevelopment plan. 4. The "A-13 Development Project" is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury. 5. The property hereinabove described is necessary for the "A-13 Development Project." 6. The offer required by Section 7267.2 of the California Government Code has not been made to the owners of record of the property hereinabove described, because, after due and reasonable diligence, the owner or owners of record of said property could not be located. 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 Agency adopts, and incorporates herein by reference, the staff report dated November 1, 1989. 15 2B . . . . . RESOLUTION NO. 89-17 Page 3 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 necessary 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 Redevelopment 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 ~ day of the following vote: , 1989, by November AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ACOSTA, GRISET, MAY, MCGUIGAN, NORTON, PULIDO YOUNG ~~~, Chairman ATTEST: ~1l¡f.ß;~ Executive Director and Recording Secretary APPROVED AS TO FORM: I~ 2B . . . . . . , Exhibit A All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: That portion of Julian Chaves Allotment 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, described as follows: Beginning at the intersection of the West line of Olive Street with the South line of the alley as shown on an unrecorded map of Dawson Addition, disclosed in Book 60, page 25 of Don Hillyard's field notes on file in the Office of the County Surveyor of Orange County, California; thence Westerly along said South line of the alley to a point that is parallel with and 280.00 feet Westerly of said West line of Olive Street; thence Northerly along said parallel line to the North line of said alley; thence Easterly along said North line to said West line of Olive Street; thence Southerly along said West line of Olive Street to the Point of Beginning. 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