HomeMy WebLinkAbout1991-03 CRA
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RESOLUTION NO. 91-03
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA FINDING AND
DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF A FEE TITLE INTEREST IN THAT CERTAIN
REAL PROPERTY, LOCATED AT 410 NORTH BROADWAY
(ORANGE COUNTY ASSESSOR'S PARCEL NO. 398-255-
18), IN THE CITY OF SANTA ANA, FOR
REDEVELOPMENT PURPOSES, AND AUTHORIZING AND
DIRECTING CONDEMNATION THEREOF
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
certain real property located at 410 North Broadway (Orange County
Assessor's Parcel No. 398-255-18), in the city of Santa Ana
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, the Agency, as required by Code of civil
Procedure section 1246.235, has undertaken all reasonable efforts
to give notice and reasonable opportunity to be heard to the person
or persons, whose names and addresses appear on the county's last
equalized assessment roll as the owner or owners of record 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
(c) whether the property described herein is necessary
for the proposed project.
RESOLUTION NO. 91-03
Page 2
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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-2 Redevelopment 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-2
Redevelopment Project as a project implementing the abovesaid
redevelopment plan.
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4. The A-2 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 A-2 Redevelopment Project.
6. The offer required by section 7267.2 of the
California Government Code has been made to the 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 Agency
adopts, and incorporates herein by reference, the staff report
dated June 18, 1991.
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
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RESOLUTION NO. 91-03
Page 3
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
the following vote:
17." day of
SEPTEMBER
,1991, by
AYES:
MEMBERS: ACOSTA, GRISET, MCGUIGAN, PULIDO, RICHARDSON,
YOUNG
MEMBERS: NORTON
NOES:
ABSENT:
MEMBERS:
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Chairman
ATTEST:
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CYN IA J.N SON
Executive Director and
Recording Secretary
APPROVED AS TO FORM:
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EDWARD J. ,tPER 'õ f),.,/
Agency Legal Counsel
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EXHIBIT "A"
Land situated in the state of California, County of Orange,
City of Santa Ana, and described as follows:
Beginning at the southeast corner of Lot 16 of Birch Addition
to Santa Ana, as shown on a map recorded in Book 3, page 145 of
Miscellaneous Records of Los Angeles County, California; thence
easterly along the easterly prolongation of the southerly line of
said Lot 16, 125.11 feet to a point in the westerly line of
Broadway, as located July 8, 1925, which said point is 125.20 feet
southerly from the point of intersection of said westerly line of
Broadway with the southerly line of Fifth Street, as located on
July 8,1925; thence southerly along said westerly line of Broadway
25 feet to a point; thence westerly parallel with first courses
herein described, 125 feet to a point in the easterly line of Lot
17 of said Birch Addition to Santa Ana; and thence northerly along
the easterly line of said Lot 17, 25 feet to the point of
beginning.