HomeMy WebLinkAbout1983-21 CRA
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6/9/83
RESOLUTION NO. 83-21
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A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN
REAL PROPERTY FOR REDEVELOPMENT PURPOSES
IN THE BIRCHPARK ASSOCIATES DEVELOPMENT SITE
IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA,
AND DECLARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, pursuant to the redevelopment plan of
this Agency, it has become necessary to acquire the follow-
ing described real property; to-wit: that certain reversionary
interest held by the Santa Ana Unified School District in
real property described as the north half of Second Street
between Flower and Olive Streets, adjoining and lying southerly
of Assessor's Parcel No. 405-164-01 (hereinafter "property"
or "real property"); and
WHEREAS, the Community Redevelopment 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
Community Redevelopment Agency's approved appraisal of the
fair market value of said property; and
.
WHEREAS, all persons whose names and addresses
appear on the last equalized assessment roll for the property
described herein and all persons whose names appear as
record owners on the litigation guarantee reports for said
property, and all tenants 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
Notices 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 the offer required by Section 7267.2
of the Government Code has been made to the owners of record.
NOW, THEREFORE, BE IT RESOLVED by the Community
Redevelopment Agency of the City of Santa Ana that it finds
and determines as follows:
A-J..
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RESOLUTION NO. 83-21
Page Two
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1. 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, namely redevelopment of real property situated
within the area described in the first recital hereinabove.
2. The property describied herein is located
within the Community Redevelopment Project area of the City
of Santa Ana as depicted by the map attached hereto as
Exhibit A, and incorporated herein by reference, and is
necessary for the proposed project. Said property is more
particularly described as follows:
The North-half of Second Street (50.00 feet wide),
as shown on a corrected Map of Blocks L, M, N, 0
and P of Ross Addition to Santa Ana, as per Map re-
corded in Book 1, page 45 of Licensed Surveyor's
Maps, Records of said Orange County.
3. The public interest and necessity require the
proposed project.
.
4. The proposed project is planned and located
in the manner that will be most compatible with the greatest
public good and the least private injury.
5. The property described herein is necessary
for the proposed project.
6. The Community Redevelopment Agency of the
City of Santa Ana has made a prompt offer to acquire the
property described herein for the full amount of the fair
market value of such property and otherwise complied with
the provisions of California Code of Civil Procedure Section
1245.230(c) (4) and California Government Code Section 7267.2.
7. That the Santa Ana Unified School District
has not appropriated its property interest to a public use,
as the term "property appropriated tc. public use" is defined
in Code of Civil Procedure § 1235.180.
.
8. That if it is determined by a court of competent
jurisdiction that the Santa Ana Unified School District has
appropriated its property interest to a public use, that
pursuant to Code of civil Procedure § 1240.610, the use for
which the property described herein is sought to be taken is
a more necessary public use than the use to which the said
property is presently appropriated. -
9. The Legal Counsel of the Community Redevelopment
Agency of the City of Santa Ana is hereby directed to bring
action in the Superior Court of the State of California in
19-:;
2A
.
.
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RESOLUTION NO. 83-21
Page Three
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the name of the Community Redevelopment Agency for the City
of Santa Ana, to acquire by eminent domain proceedings, the
fee simple estate in said real property for the aforesaid
purposes. The Agency Legal Counsel 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
deposits 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 20th day of
by the following vote:
, 1983,
June
AYES: MEMBERS: Griset, Johnson, Luxembourger, McGuigan,
Young
NOES: MEMBERS: Acosta, Bricken
ABSENT: MEMBERS: None
ATTEST:
L~
Chairman
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Executive Director and
Recording Secretary
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