HomeMy WebLinkAbout1986-41 CRA
.
.
.
.
.
RJW/fm
7/3/86
RESOLUTION NO. 86-41
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND
DIRECTING THE CONDEMNATION, FOR REDEVELOPMENT
PURPOSES, OF CERTAIN REAL PROPERTY, IN THE CITY
OF SANTA ANA, STATE OF CALIFORNIA, AND
DECLARING THE PUBLIC NECESSITY THEREFORE
(SOUTHWEST CORNER OF MAIN AND FIFTH STREETS)
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 the southwest corner of
Main and Fifth Streets in the City of Santa Ana Redevelopment
Project area; and
WHEREAS, the Redevelopment Plan for the City of Santa Ana
Redevelopment Project provides for the acquisition and
construction of vehicular parking facilities for the use and
benefi} of the properties located within the Project Area of said
Plan; and '
WHEREAS, the Agency needs to acquire the real property
located at the southwest corner of Main and Fifth Streets for the
purpose of constructing a parking facility (the "proposed
project"); 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 on the litigation
guarantee report for said property, 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;
(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 ~j[)
,~ 3
I---.~.
.
.
.
.
.
RESOLUTION NO. 86-41
Page Two
(c) Whether the property described herein is necessary
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 and Safety Code Section 33391 and Section 33342 to take
property by condemnation for redevelopment purposes.
2. The property described herein is located within the
City of Santa Ana Redevelopment Project Area of Santa Ana, and is
necessary for the proposed project. Said property is more
particúlarly described as set forth in Exhibit "Au attached hereto
and incorporated herein by reference. .
3. The public interest and necessity require the
proposed project.
4. The proposed project is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury.
5. Acquisition of the property hereinabove described is
necessary for the proposed project.
6. The offer required by Section 7267.2 of the
California Government Code has been made to the owners of record.
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 as specific findings of fact
in support of paragraphs 1 through 7 hereinabove, the Community
Redevelopment Agency of the City of Santa Ana adopts, and
incorporates herein by reference, the staff report dated July 15,
1986.
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
/;1
2D
". ,',"
.
.
.
.
.
RESOLUTION NO. 86-41
Page Three
authorized and instructed to do all things necessary 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 Redevelopment 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 15th day of July, 1986, by the following
vote:
AYES:
MEMBERS: Acosta,Griset,Hart,Johnson
Luxembourger, McGuigan & Young
MEMBERS: None
NOES:
ABSENT:
MEMBERS :
None
~
I
DANIEL E. GRISET
Chairman
Execut i ve
Recording
APPROVED AS TO FORM:
f~~'R~
Agency Legal ounsel ()
IJtJ
?~
2D