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HomeMy WebLinkAbout1986-16 CRA .. \ . . . RJW/fm 4/3/86 RESOLUTION NO. 86-16 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN LEASEHOLD INTEREST HELD BY JUDY'S SANTA ANA, INC" IN THAT CERTAIN REAL PROPERTY KNOWN AS #40 FASHION SQUARE, 2850 NORTH MAIN STREET IN THE CITY OF SANTA ANA, FOR REDEVELOPMENT 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 that certain leasehold interest held by Judy's Santa Ana, Inc" in that certain real property known as #40 Fashion Square, 2850 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 said interest 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 county assessment roll for the property described herein were given notice, and an opportunity to be heard, pursuant to 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 Notice 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; (c) Whether the property described herein is necessary for the proposed project; and .' \ . . . RESOLUTION NO, 86-16 Page Two (d) Whether an offer, under Government Code Section 7267,2, has been made to the owner or owners of said interest. 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 within the Fashion Square expansion and redevelopment project. Said property is legally described in Exhibit "A," attached hereto and incorporated herein by reference, Said property is located as more particularly shown on Exhibit "B," attached hereto and incorporated herein by reference, 3. The public interest and necessity require the Fashion Square expansion and redevelopment project as a project implementing the aforesaid redevelopment plan, 4. The Fashion Square expansion and redevelopment 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 Fashion Square expansion and redevelopment project, 6. The offer required by Section 7267,2 of the California Government Code has been made to the owner or owners 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. BE IT FURTHER RESOLVED that as specific findings of fact in support of paragraphs 1 through 7 hereinabove, the Community redevelopment Agency adopts, and incorporates herein by reference, the staff report dated April 15, 1986. \ . . . RESOLUTION NO, 86-16 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 property described herein for the aforesaid purposes, The City Attorney is authorized and instructed to do all things necessary for the acquisition of said 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 property for the uses and purposes herein described, ADOPTED this the following vote: 15th day of April , 1986, by AYES: MEMBERS: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan and Young NONE NOES: MEMBERS: ABSENT: MEMBERS : NONE ~ AT~~ REX SWANS Executive Director and Recording Secretary DANIEL E. GRISET Chairman APPROVED AS TO FORM: : \ . . . EXHIBIT A All rights, title and interest which Judy's Santa Ana, Inc., a California oorporation, may possess in those certain premises hereinafter described, as evidenced by that certain Lease Agreement, dated DeCJE!!1'ber 10, 1970, by and be~ Santa Ana Venture, a partnership, (as successor-in-interest to U.I.D.C., Inc., a California oorporation) (Lessor), and Judy's Santa Ana, Inc., a California oorporation (Lessee), plus any amend1Ĺ“nts and/or addenda to said Lease Agreement, in and to that certain property described in Exhibit "B" of said Lease as "an area 100'x150' on two levels with a 2,328 foot basement, being #40 Fashion Square Santa Ana;" and ITOre fully described as follows: Lot 8 in Tract No. 2805 in the City of Santa Ana, County of Orange, State of California, as shown on that certain map reoorded in Book 112, pages 33 and 34 of Miscellaneous Maps, in the Office of the County Feoorder of said County, and exmronly known as #40 Fashion Square, 2850 North Main Street, Santa Ana, California. 390-31 29 MARCH /959 1 . " " .. POR. S£//4, SEC 36,U5, R./Ow. 390-29 A: Qb 'I" FREEWAY . . STREET . TRACT I-" I" ¡ l;j ~ OJ 14.2<5 <ercJ No. 2805 21 POTTS. 80RDEN 8 SJOWELL L, A, J-63 TR, NO, 2805 M, M, /J2- 33, 34 NOrE-ASSESSOI/~ BLOCK 8 PARCEL MIM8£I/S SHOWN IN CII/CLES . >, , " 2 ,,' ..!. '"' ! ",' ¡X " ----------- 2-22 ,,- ,. '-,200' U COR rHOS M. SHAFFER S/' 29/'0 DEEDS LA co . ;¡, '~ ," : ø:¡ ~ ø:¡ ~ û ",¡;:¡ l' ,f¡; ..-i!'!:f!'! ~Hi~ ~..: g~ . UJ S ~~~ ~~~ ~