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HomeMy WebLinkAbout1985-08 CRA . , . .~ . . . 7 J REL:adg 1/10/85 RESOLUTION NO. 85- 08 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 SANTA ANA AUTO CENTER DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (2051 EAST EDINGER AVENUE) WHEREAS, pursuant to the redevelopment plan for the Santa Ana South Main Street Redevelopment Project, it has become necessary for the Community Redevelopment Agency of the City of Santa Ana to acquire certain real property located at 2051 East Edinger Avenue in the Santa Ana South Main Street 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, and all tenants were given notice and an opportunity to be heard pursuant to the 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¡ 2A7 ", . . . 7 RESOLUTION NO. 85-08 PAGE TWO (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 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. 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 within the Santa Ana South Main Street Redevelopment project area of Santa Ana and within the Santa Ana Auto Center project 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 Santa Ana Auto Center project. 4. The Santa Ana Auto Center 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 Santa Ana Auto Center. 6. The offer required by Section 7267.2 of the California Government Code has been made to the owners of Record. 2A7 " . . . RESOLUTION NO. 85-08 PAGE THREE 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 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 22nd by the following vote: January ,1985, day of AYES: MEMBERS: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan MEMBERS: None NOES: ABSENT: MEMBERS: Young ~ ~ Rex S ns~n Executive Director and Recording Secretary Daniel E. Griset Chairman APPROVED AS TO FORM: Î '0 ~... ~<o l POR. SEC'$. 11 a 20 [5Sfi9W .~ MC FAOŒN , : : ~ ~ 8 AVENUE ,.') ;-. '., ,,' ~ '0"0 ..,,' '-"'"" PAR I ..' -'... ' ' ~ .. 1,22 ACPM. ,0' ~ I PM, 3 '2~ -.... EXHIBIT A - PROJECT AREA ~ .. ;; ez"C "OOÀC ~ AREA TO BE ACQUIRED THROUGH CONDEMNATION " ~ , PAR I PII 5,J4 " ).. ~ ~ ¡¡; , 72AC, 118 AC " ; ~ " ~ oJ §! ~ . ~ ': ~ " OJ< Z .. , '.J" J OJ,:C ,-".,¡¡;""",."", '¡¡",' ... ,,' . 0 P 'W 27 . O. " " 13 $lAC, R S " . 42 ø ,,«4C ~ 0 . 4 ~' I ~~:; '<,: ~ '" 2.' JE ..",. . .,..Co' ~ ",' ... ~ , @"<3 ~ PAc! ""'26,!~t;¡ @ , EJAC ~ @ ,799 AC " ~ '. ~ EDINGER ) .- . . -. EXHIBIT B 7 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, 4IÞ COUNTY OF ORANGE, CITY OF SANTA ANA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: .8 . THAT PORTION OF THE LAND ALLOTTED TO FREDERICK W. KOLL AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOO~: 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 A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 4, 1962 IN BOOK 6063, PAGE 706 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING NORTH 89- 01' 50" EAST 240. (>8 FEET FROM THE WESTERLY LI NE OF THE LAND DESCRIBED IN A DEED TO SANTA ANA LUMBER COMPANY IN A DEED RECORDED JUNE 30, 1960 IN BOOK 5308, PAGE 243 OF SAID OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TQ UNION OIL COMPANY OF CALIFORNIA, REeORDED APRIL' 9, 1964 IN-BOOK 6997, PAGE 267 OF SAID OFFICIAL RECORDS! THENCE ALONG SAID EASTE~LY LINE NORTH O' 28' 50" EAST PARALLEL WITH SArD WESTERLY LINE 163.46 FEET; THENCE NORTH 89. 54' 45" EAST 190.00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE SOUTH 0- 28' 50" WEST 160.65 FEET TO SAID NORTHERLY LINE; THENCE WESTERLY ALONG SAID NORTHERLY LINE, BEING A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1050.00 FEET, THROUGH A CENTRAL ANGEL OF (,6 50' 37" AN ARC DISTANCE OF 15.46 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 89. OF 50" WEST 174.58 FEET TO THE POINT OF BEGINNING. SAID LAND IS ALSO SHOWN AS PARCEL 1 OF A PARCEL MAP FILED IN BOO~ 41, PAGE 29 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. PARCEL 2: AN EASEMENT FOR INGREßS AND EGRESS OVER THAT PORTION OF . THE LAND ALLOTTTED TO FREDERIC~ W. KOLL 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 FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APFiIL 4, 1962 IN BOOK 6063, PAGE 706 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING NORn! 89. 01' 50" EAST ~40.08 FEET FROM THE WESTERLY LINE OF THE 2A7 . . , . . . LAND DESCRIBED IN A DEED TO SANTA ANA LUMBER COMPANY, IN DEED RECORDED JUNE 30, 1960 IN BOOK 5308, PAGE 243 OF SAID OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO UNION OIL COMPANY OF CALIFORNIA, RECORDED APRIL 9, 1964 IN Bom: 6997, PAGE 267 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0- 28' 50" EAST PARALLEL WITH SAID WESTERLY LI NE 163. 46 FEET! THENCE NORTH 89'" 54' 45" EAST 19(1. 00 FEET; THENCE PARALLEL WITH SAID EASTERLY LINE SOUTH 0" 28' 50" WEST 120.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0" 28' 5( " WEST 40.00 FEET TO SAID NORTHERLY LINE; THENCE EASTERLY ALONG SAID NORTHERLY LINE, BEING A NON-TANGENT CURVE SOUTHERLY HAVING A RADIUS OF 1050.00 FEET, THROUGH A CENTRAL ANGLE OF I" 38' 14" AN ARC DISTANCE OF 30.00 FEET; THENCE NORTH 36" 18' 55" WEST 50.09 FEET OT THE TRUE POINT OF BEGINNING. PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE LAND ALLOTTED TO FREDERICK W. KOLL AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 1~, 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 A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 4, 1962 IN BOOK 6063, PAGE 706 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING NORTH 89" 01' 50" EAST 240.08 FEET FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN A DEED TO SANTA ANA LUMBER COMPANY, RECORDED JUNE 30, 1960 IN BOOK 5308, PAGE 243 OF SAID OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO UNION OIL COMPANY OF CALIFORNIA, RECORDED APRIL 9, 1964 IN BOOK 6997. PAGE 267 OF SAlD O~"FICIAL RECORDS; THENCE ÅLONG SAID EASTERLY" LINE NORTH (,. 28' 50" EAST PARALLEL WITH SAID WESTERLY LINE 163.46 FEET; THENCE NORTH 89"54' 45" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH O. 28' 50" EAST 55.00 FEET; THENCE NORTH 89" 54' 45" EAST, 30.00 FEET; THENCE SOUTH 0" 28' 50" WEST 55.00 FEET! THENCE SOUTH 89" 54' 45" WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING, 2A7