Loading...
HomeMy WebLinkAbout1985-44 CRA . I , REL :adg 9/23/85 RESOLUTION NO. 85-44 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED AT 2706 NORTH MAIN STREET IN THE CITY OF SANTA ANA FOR REDEVEL- OPMENT PURPOSES, AND DECLARING THE PUBLIC NECESSITY THEREFOR 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 2706 North Main Street 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, 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, were given notice and an opportunity to be heard pursuant to the Code of civil Procedure Section l245.235¡ 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 compatible with the greatest public good and the least private injury¡ and . I , RESOLUTION NO.8 5- 44 PAGE TWO (c) Whether the property described herein is neces- sary for the proposed project. 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 pursuant to the redevelopment plan for the City of Santa Ana Redevelopment Project, in particular by the redevel- opment of such area pursuant to agreements between the Agency and Santa Ana Venture and KLST Partnership, Ltd. (hereinafter referred to as the Project), 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 located 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 set forth in Exhibit B attached hereto and incorporated herein by reference. 3. The public interest and necessity require the Project as a project implementing the abovesaid redevelopment plan. 4. The 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 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. . I 8 RESOLUTION NO.8 5- 44 PAGE THREE 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 fee simple estate in said real property for the aforesaid purposes. The City Attorney is authorized and instructed to do all things neces- sary 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 Redevelop- ment 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~day o~Pt~ 1985, by the following vote: AYES: MEMBERS: Griset, Hart, Johnson, Luxembourger, M::Guigan and Young MEMBERS: None NOES: ABSENT: MEMBERS: Acosta ~ AVifJ ~ Rex Swanson Executive Director and Recording Secretary Daniel E. Griset Chairman APPROVED AS TO FORM: . f\) 0 I ~ B ~ I ~ @ '" ~ /74.1D' ~II ...-_.~.._._..-. - 1 ::: '@ ,. -I- ~: .. '" ~ MAIN:~' I : ~ 'I EXHIBIT A ~ .. CI> :;¡ ¡,,@ II> h f> ;I> !II .1&Zr ASSESSOR PAHCEL NO. 002-210-35 m aJJ 30.00 FEET INGRESS & EGRESS EASEMENT .... . . g. ~ ~ ~ "" '" '- R.IOw. R,9W '" -'.' STREET ~..' t. '-- ~ / . .; ( , - .: f\) f\) . I 8 EXHIBIT 8 LEGAL DESCRIPTION OF ASSESSOR PARCEL NO. 002-210-35 All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 1: The Easterly 662.50 feet of that portion of land allotted to Able Stea~~,as described in the Final Decree of Partition of ~he Rancho Santiago De Santa Ana, a certified copy of which was recorded September 12,1868 in Book B, page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Beginning at the Northeast corner of Section 1, Township 5 South, Range 10 West, San Bernardino Base and Meridian, in said Rancho, being on the-centerline of North Main Street¡ thence North 0 02' 48" West 174.10 feet along said centerline¡ thence South 89 43' 06" t'iest 1273.98 feet to the Northeasterly line of the land described in Deed to the State of California recorded August 26, 1955 in Book 3188, page 329 of Official Records of said Orange County, being a point on a curve concave Southwesterly, having a radius of 10,100 feet, from which a radial line bears South- 55 26' 19" West¡ thence Southeasterly 34.18 feet along said curve, through a central angle of 0 11' 38" to a line tangent¡ thence South 34 22' 08" East 189.14 feet along said tangent line and said Northeasterly line to the North line of said Section 1¡ thence North 89 48' 15" East 1148.00 feet to the point of , beginning. Excepting therefrom the Southerly 144.10 feet of the East 270.00 feet. Also excepting therefrom the Northerly 30.00 feet of the Easterly 52.00 feet. 'Parcel 2: A non-exclusive easement for ingress and egress over the Northerly 30.00 feet of that portion of the land allotted to Abel Stearns, as described in the Final Decree of Partition of the Rancho Santiago De Santa Ana, which was entered September 12, 1868 in Book B, page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as fol+ows:- Beginning at the Northeast corner of Section 1, Township 5 South, Range 10 West, in said Rancho, being on the centerline of North Main Street¡ thence North 0 02' 48" West 174.10 feet along said centerline¡ thence North 89 43' 06" West 1273.98 feet to the North easterly line of the land described in Deed to the State of California recorded August 26,1955 in Book 3188, page 329 of Official Records¡ thence South 34 22' 08" East 189.14 feet along said North- . I 8 easterly line to the North line of said Section l¡ thence North 89 48' 15" East 1148.00 feet to the point of beginning. Excepting therefrom the Easterly 662.50 feet.