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HomeMy WebLinkAbout2003-13 CRARESOLUTION NO. CRA 2003-13 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 PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2009 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 Aha ("Agency") on November 17, 2003, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared 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; Whether the property 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); Whether the Agency complied with all, conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and Whether the Agency has statutory authority to acquire the property 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 2003-13 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 interests in a the real property located at 2009 East Edinger Avenue in the City of Santa Ana, California consisting of approximately 1.799 acres improved with a two-story office building of approximately 28,414 square feet, an approximately 960 square foot laboratory/garage and an asphalt parking lot to be acquired in fee title for the for the possible expansion of the Santa Aha Auto Mall or other redevelopment purpose (collectively referred to as "the Property"). The Property is situated in the City of Santa Aha, 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 which 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 February 5, 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 Property. Resolution No. CRA 2003-13 Page 2 of 6 Section 8. That if any of the Property has been appropriated 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. Section 9. Said Property is 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. (,,,Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel AYES: NOES: ABSTAIN: NOT PRESENT: Boardmembers: Boardmembers: Boardmembers: Boardmembers: Alvarez, Bist, Garcia, PulidOl Solorio None (0) None (0) Christy, Franklin (2) Resolution No. CRA 2003-13 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 2003-13 o be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on November 17, 2003. Date: City of Santa Ana Resolution No. CRA 2003-13 Page 4 of 6 EXHIBIT A LEGAL DESCRIPTION IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATB OF CA1JFOKNIA Being deacrib~d as follows: Parcel 3 as shown on a map filod in Book 29, Pag~ 36 of Parcel Maps, In Th~ Office of tho County Recordor of Orange County, California Resolution No. CRA 2003-13 Page 5 of 6 i/dm 2009 East Edinger Avenue EXHIBIT A Resolution No. CRA 2003-13 Page 6 of 6