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Home My WebLink About2003-12 CRARESOLUTION NO. CRA 2003-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1941 & 1961 EAST EDINGER BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Board of Directors of the Community Redevelopment Agency of the City of Santa Ana ("Agency") on November 17, 2003, after written notice duly provided to all those claiming ownership, including the owners of the properties described hereafter, as they appear on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; Whether the project is planned or located in a manner that is most compatible with the greatest public good and the least private injury; C= Whether the properties proposed to be acquired is necessary for the Project; Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E= Whether the Agency complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the properties described herein, as well as any other matter regarding the right to take said properties by eminent domain; and Whether the Agency has statutory authority to acquire the properties by eminent domain. Section 2. The Agency has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the Resolution No. CRA 2003-12 Page 1 of 6 California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously prepared categorical exemption (ER 2003-136) adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Agency finds that there is no evidence from which it can be faidy argued that the Project will have a significant adverse effect on the environment. The Agency hereby approves use of this previously adopted categorical exemption and directs that the Notice of Exemption be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Agency as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the Agency of the specified interest in the real properties located at 1941 & 1961 East Edinger Avenue in the City of Santa Ana, California consisting of approximately 106,647 square feet (collectively referred to as "the Properties"). The Properties are situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The Agency hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said Agency of the Property for the purposes of possible expansion of the Santa Ana Auto Mall or other redevelopment purpose. The location of the Project is on Edinger Avenue and the 55 Freeway and its acquisition is planned and located in a manner that will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, the California Redevelopment Law, Health & Safety Code § 33000 et seq., including but not limited to §§ 33391 & 33342; and the Redevelopment Plan for the City of Santa Ana's South Main Redevelopment Project Area; California Code of Civil Procedure sections 1240.010, 1240.020, and 1240.220, and other applicable law. Section 6. The offers required by Government Code section 7267.2 were made to the appropriate party or parties on or about October 10, 2003. Section 7. The Agency hereby declares that it is the intention of the Agency to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Properties. Section 8. That if any of the Properties have been appropriate for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Resolution No. CRA 2003-12 Page 2 of 6 Section 9. Said Properties are located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The Agency is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The Agency's General Counsel is hereby authorized and directed to prepare, institute and prosecute in the name of the Agency such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The Agency's General Counsel is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the Agency's General Counsel. Section 12. This Resolution shall take effect immediately upon its adoption by the Community Redevelopment Agency, and the Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of November, 2003. ~Ic iguel A.~ Pulido hairperson APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel BY:j o~a~c~ov~~ Assistant Counsel AYES: NOES: ABSTAIN: NOT PRESENT: Boardmembers: Boardmembers: Boardmembers: Boardmembers: Alvarezl Bist, Garcial PulidOl Solorio (5) None (0) None (0) Christy, Franklin (2) Resolution No. CRA 2003-12 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. CRA 2003-12 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Aha on November 17, 2003. Date: Secretary, Redevelopment Ag~'ncy X City of Santa Ana O Resolution No. CRA 2003-12 Page 4 of 6 A~tachme~ No. 3 LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being that portion of Parcel 2 of Parcel Map recorded in Book 29, Page 36, Records of Orange County describt~d as follows: Beginning at the southcasl comer of said Parcel 2; Thence along the south ii_ne of said Parcel 2, $oulh 89 Degree~ 02' $$. We~t, 352.27 feet; Thence North 00 Degrees 35' 36" West, 305.99 fi~ei to the north line of said Parcel 2; Thence along said north line, North 89 Degt~ 50' 16" East, 350.36 feet to the northea.,,'t comer of said Parcel 2; Thin,ce along th~ east line of s~id Parcel 2, South 00 Degrees 57' 28" East, 301.16 feet to the Point of I)~Sin~g. 'rh~ above parc~! contains I0~,647 square feet, more or l~s$. EXHIBIT A Resolution No. CRA 2003-12 Page 5 of 6 1941-1961 East Edinger Avenue Resolution No. CRA 2003-12 Page 6 of 6 EXHIBIT A