HomeMy WebLinkAbout1985-04 CRA
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1/10/85
RESOLUTION NO. 85-04
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 (1535 TROTTER 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
1535 Trotter Avenue in the Santa Ana South Main Street Redevelop-
ment 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¡
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RESOLUTION NO. 85-Q4
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.
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RESOLUTION NO. 85-04
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
by the following vote:
22nd day of
January
,1985,
AYES:
MEMBERS: Acosta, Griset, Hart, Johnson, Luxembourger,
McGuigan
MEMBE RS: None
NOES:
ABSENT:
MEMBE RS: Young
4J
Daniel E. Griset
Chairman
Rex S nson
Executive Director and
Recording Secretary
APPROVED AS TO FORM:
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EXHIBIT 8
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA AND IS DESCRIBED AS FOLLOWS:
PARCEL "A": A PORTION OF THE LAND DESCRIBED IN DEED DATED
OCTOBER 17, 1960, RECORDED DECEMBER 12, 1960 AS INSTRUMENT
NO. 215816 IN BOOK 5545, PAGE 9, OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA, SAID LAND BEING A PORTION OF
THE LAND ALLOTTED TO FREDERICK W. KOLL, IN SECTION 20,
TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN,
AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
ÐANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE D,ISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COU~TY, CALIFORNIA, SAID FIRST NAMED PORTION BEING DESCRIBED
AS FOLLOWS: . '
BEGINNING AT A POINT IN THE NORTHERLY LINE OF EDINGER STREET,
DISTANT THEREON NORTH 89- 01' 50" EAST 30.01 FEET FROM
THE SOUTHWESTERLY CORNER OF PARCEL 3 AS SHOWN ON ~ RECORD
OF SURVEY RECORDED OCTOBER 28, 1964, IN BOOK 76, PAGE 40
OF RECORDS O~ SURVEYS, COUNTY OF ORANGE, CALIFORNIA; SAID
POINT OF BEGINNING BEING ALSO NORTH 0- 28' 50" EAST 80.60
FEET AND NORTH 89- 01' 50" EAST 270. t)9 FEET FROM THE SOUTHWEST
CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT'
NO. 215816; THENCE NORTH 89.01' 50" EAST 144.57 FEET7
ALONG THE NORTHERLY LINE OF EDINGER STREET, AS SHOWN ON
SAID RECORD OF SURVEY MAP, TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1050.00
FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 13. 08' 25" AN ARC LENGTH OF 240.81 FEET; THENCE
NORTH O' 28' 50" EAST 245.04 THENCE SOUTH 89- 54' 45" WEST
383.86 FEET, PAFiALl.EL WITH AND DISTANT 70.00 FEET SOUTHERLY,
t1EASIJRED AT RIGHT ANGLES FROM THE NORTH LINE OF THE LAND
DESCRIBED IN SAID DEED RECORDED AS INSTRUMENT NO. 215816;
THENCE SOUTH O' 28' 50" ~EST 223.45 FEET, MORE OR LESS.
Tù THE POINT OF BEGINNING, CONTAINING 1.'993 ACRES OF L'AND.
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. PARCEL "B": A PO: :ON OF THE LAND DESCRIBED j DEED DATED
OCTOBER 17, 1960, ~ECORDED DECEMBER 12, 1960 H$ INSTRUMENT
NO. 215816 IN BOOK 5545, PAGE 9, OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA, SAID LAND BEING A PORTION OF
THE LAND ALLOTTED TO FREDERICK W. KOLL. IN SECTION 20.
TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIÄN,
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, SAID FIRST NAMED PORTION BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF EDINGER STREET
AT THE SOUTHWESTERLY CORNER OF PARCEL 3, AS SHOWN ON A
RECORD OF SURVEY RECORDED OCTOBER 28, 1964, IN BOOK 76,
PAGE 40 OF RECORDS OF SURVEYS, COUNTY OF ORANGE, CALIFORNIA;
SAID POINT OF BEGINNING BEING ALSO NORTH O' 28' 50" EAST
80.60 FEET AND NORTH 89- 01' 50" EAST 240.08' FROM THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN SAID DEED RECORDED
AS INSTRUMENT NO. 215816; THENCE NORTH 89- 01' 50" EAST
30.01 FEET ALONG THE NORTHERLY LINE OF EDINGER STREET;
THENCE NORTH 0- 28' 50" EAST 223.45 FEET; THENCE NORTH
89- 54' 45" EAST 383.86 FEET, PARALLEL WITH THE DISTANT
70.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE
NORTH LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED
AS INSTRUMENT NO. 215816; THENCE SOUTH ()8 28' 50" WEST
245.04 FEET TO A POINT IN THE NORTHERLY LINE OF EDINGER
STREET, SAID POINT BEING 50.00 FEET WESTERLY, MEASURED
ALONG THE NORTHERLY LINE OF EDINGER STREET, BEING A CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1050.00 FEET,
FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL 3, A RADIAL
LINE PASSING THRU SAID POINT BEARS SOUTH 12. 10' 15" WEST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 2- 43' 42" AN ARC LENGTH OF 50.00 FEET TO THE SOUTHEAST
CORNER OF SAID PAF¡CEL 3; THENCE NORTH 18- 33' 10" EAST
344.88 FEET TO THE NORTHEAST COI"<NER OF SAID PARCEL 3, SAID
POINT BEING IN THE NORTH LINE OF THE LAND DESCRIBED IN
SAID DEED RECORDED AS INSTRUMENT NO. 215816; THENCE SOUTH
89- 54' 45" WEST 569.57 FEET, ALONG SAID NORTH LINE TO
THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 0-
2B' 50" WEST 293.91 FEET TO THE POINT OF BEGINNING, CONTAINING
1.579 ACRES OF LAND.
EXCEPTING THEREFROM: ALL THAT CERTAIN LAND SITUATED IN
THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA
ANA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE LAND ALLOTTED TO FRE;DEF<ICK W. KOLL
AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
SMHIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868, IN BOOI< "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
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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,
SAID POINT BEING NORTH 89" 01' 50" EAST 24f).09 FEET FROM
THE WESTERLY LINE OF THE LAND DESCRIBED IN A DEED TO SANTA
ANA LUMBER COMPANY, A CALIFORNIA CORPORATION. RECORDED
JUNE 30, 1960 IN BOOK 5308. PAGE 243 OF OFFICIAL flECORDS;
SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO UNION OIL COMPANY OF CALIFORNIA, A
CORPORATION, RECORDED APRIL 9, 1964 IN BOOK 6997, PAGE
267 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE,
NORTH 0" 28' 50" EAST PARALLEL WITH SAID WESTERLY LINE,
243.45 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY
50.00 FEET FROM THE NORTHERLY LINE OF SAID LAND OF SANTA
ANA LUMBER CO~1PANY; THENCE NORTH 89" 54' 45" EAST ALONG
SAID PARALLEL LINE 553.20 FEET TO THE BOUNDARY LINE OF
SAID LAND OF THE STATE OF CALIFORNIA; THENCE ALONG SAID
BOUNDARY LINE THE FOLLOWING COURSES: SOUTH 18. 33' 10"
WEST 292.13 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS NORTH 14" 53' 57" EAST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"
52" 07". AN ARC DISTANCE OF 290.81 FEET; THENCE SOUTH 89"
01' 50" WEST 174.57 FEET TO THE POINT OF BEGINNING.
SAID LAND IS ALSO SHOWN AS PARCEL 2 ON A MAP FILED IN BOOK
11 PAGE 47 OF PARCEL MAPS. IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY; CALIFORNIA.
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