HomeMy WebLinkAbout1986-39 CRA
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7/2/86
RESOLUTION NO. 86-39
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR RE-
DEVELOPMENT PURPOSES IN THE A-2 DEVELOPMENT SITE
IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND
DECLARING THE PUBLIC NECESSITY THEREFORE
(307-309 WEST FOURTH STREET)
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 307-309 West Fourth
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 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
(c) Whether the property described herein is necessary
for the proposed project.
THEREFORE, BE IT RESOLVED by the Community
Agency of the City of Santa Ana that it finds and
follows:
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1. The public use for which the property is to
is the redevelopment of a blighted area and the provision
appropriate continuing land use and con~truction policies
NOW,
Redevelopment
determines as
be taken
for
within
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RESOLUTION NO. 86-39
Page Two
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
within the A-2 Development Site 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
acquisition of the properties for further redevelopment of the A-2
Development Site.
4. Acquisition of properties for future redevelopment
of the A-2 Development Site 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 future redevelopment of the A-2 Development Site.
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
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
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RESOLUTION NO. 86-39
Page Three
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
MEMB~~ None
NOES:
ABSENT:
None
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MEMBERS :
A~
REX SW SON, Executive
Director and Recording
Secretary
DANIEL E. GRISET
Chairman
APPROVED AS TO FORM:
OPER
Counsel
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EXHIBIT A
.".A-2 DEVELOPMENT SITE
~ A.P. NO. 398-255-21
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LEGAL DESCRIPTION
OF
ASSESSOR PARCEL NUMBER 398-255-21
All that certain real property situated in the State of California,
County of Orange, City of Santa Ana described as follows:
Parcell:
Beginning at a point on the North line of Fourth Street, 155 feet
West of the Southwest corner of Block 13 of the Town of Santa Ana,
as shown on a Map recorded in Book 2, page 51 of Miscellaneous
Records of Los Angeles County, California, running thence North 100
feet parallel to the West line of Broadway; thence West 50 feet
parallel to the North line of Fourth Street; thence South 100 feet
parallel to the West line of Broadway to a point on the North line
of Fourth Street; thence East 50 feet along the North line of
Fourth Street to the Point of Beginning.
Parcel 2:
An easement over a portion of that certain parcel labeled J.C. Micky
as shown on a Map of "Birch Addition to Santa Ana", ~ecorded in Book
3, page 145 of Miscellaneous Records of Los Angeles County, ~alifornia,
described as follows:
.Beginning at a point South 0 'Deg. 23' 00" west l6.i2.feetfrom the
Northeast corner of Lot 17 of said Birch Addition ,to 'Santa f,na, said
point of beginning being in the Easterly line of 'SitiðJ,ot ,17; thence
South 89 Deg. 59' 22" East 125.11 feet to apointln the westerly
line of Broadway, 80.00 feet wide; thence South ;~Ðeg. 28 'OO"'west
9.00 feet, along said westerly line to a point, .aidpointbeing
140.04 feet Northerly, measured at right angles from the tìlonumented
centerline of Fourth Street; thence North 89 Deg. ~p~ 22" West 125.10
feet to a point in the Easterly line of Lot 17; said point being
140.03 feet Northerly, measured at right angles, from the monumented
centerline of Fourth Street; thence North 0 Deg. 23'00" East 9.00
feet, along the Easterly line of ,said Lot 17 to the Point of Beginnin!l'
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EXHIBIT B
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