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HomeMy WebLinkAbout1990-03 CRA RJW/fm 3/21/90 . RESOLUTION NO. 90-3 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN REAL PROPERTY LOCATED AT 820-826 LACY STREET (ORANGE COUNTY ASSESSOR'S PARCEL NOS. 398-04l-16 and 398-041-17), IN THE CITY OF SANTA ANA, FOR REDEVELOPMENT PURPOSES, AND DECLARING THE PUBLIC NECESSITY THEREFOR WHEREAS, the Legislature of ~he State of California, in adopting the California Community Redevelopment Law (Health and Safety Code 55 33000 et seq.) stated that a fundamental purpose of redevelopment is to expand a community's supply of low and moderate income housing; . WHEREAS, in order to implement the above-described legislative purpose, the California Community Redevelopment Law provides that not less than 20% of all taxes allocated to a redevelopment agency shall be used by the agency for the purposes of increasing and improving the community's supply of housing available at affordable housing cost to persons and families of low or moderate income, and to very low income households; WHEREAS, the California Community Redevelopment Law further provides that a redevelopment agency, for purposes of redevelopment, may acquire real property by eminent domain; WHEREAS, the Community Redevelopment Agency of the City of Santa Ana proposes to acquire that certain real property located at 820-826 Lacy Street, in the City of Santa Ana, as the site for development of a low and moderate income housing project; 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 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: RESOLUTION NO. 90-3 Page 2 . (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; (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 sought to be taken is development of said property as the site for a low and moderate income housing project. The Agency is specifically authorized by virtue of Health and Safety Code Sections 33391 and 33342 to take property by condemnation for redevelopment purposes. . 2. The property described herein is located within the City of Santa Ana and is more particularly described as set forth in Exhibit "A" attached hereto and incorporated herein by reference. A map showing the location of said property is attached hereto as Exhibit "B" and incorporated herein by reference. 3. The public interest and necessity require the acquisition of said property in order to implement the purpose of the California Community Redevelopment Law of providing sites for low and moderate income housing. 4. The use of said real property as the site for a low and moderate income housing 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 as the site of a low and moderate income housing 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. . . . . RESOLUTION NO. 90-3 Page 3 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 reports dated March 7, 1990 and March 20, 1990. 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 20th day of the following vote: March , 1990, by AYES: MEMBERS: ACOSTA, GRISET, MCGUIGAN, NORTON, PULIDO NOES: ABSENT: MEMBERS: MEMBERS: MAY, YOUNG ~^~ Chairman ATTEST: CYN~~~ Executive Director and Recording Secretary APPROVED AS TO FORM: E};~OO~' ~ M Agency Legal ounsel . . . 820 - 826 Lacy Lots 26, 27, 28, 29 and 30, Block 83, Santa Ana East Tract, Book 10, Pages 93-94, Miscellaneous Records of Los Angeles County. EXHIBIT A . ~ . SUBJ£C PKOP£KTY 'l . . OIl .. -"- . 1.3381.$ ~ " "'. 0) "... "", - ",." '" i I ,~ ,'ô "', , : 1-..1 , , : :. ¡Q:¡ : I g~! ~"CÐ 0 , ,I " , , I , , I ': I;:~ I , ,"".OS".os 0\ \:) , I ... 'I I . , , I , cÐ " ¡ , ' , I , I , I os ' 's 1.338.1.$ ~'} ,,'" I I , fít\. ~'T"~ ~ ~ ~ . ~ 1.338.1.$ / Exhibit B . ,-, , .., 0.' . I.- 0 '0 8 1.:I8V'9 ." ..., ~: :t, ~~ I '. . , , , . , I , I I 'ell , " . , It , I .t I ,I- I I I I I , I . , I , , I I I I os, ~ !:I ~ ~ ~ " ~ .... .I.:JV'7r '8 ...r- 0" @'b ~ ,8 '@'O ....... I_.. - CI)': - ~ : '00 ~ '13 ... 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