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HomeMy WebLinkAbout1987-03 CRA . . . . . RJW/fm 1/5/87 RESOLUTION NO. 87- 03 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 DRAPER'S, A CALIFORNIA CORPORATION, IN THAT CERTAIN REAL PROPERTY KNOWN AS #31 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 Draper's, a California corporation, in that certain real property known as #31 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 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 most compatible with the greatest public good and the least private injury; (c) Whether the property described herein is necessary for the proposed project; and (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: . . . . . RESOLUTION NO. 87- 03 Page 2 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 record 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 January 20, 1987. 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 I . . . . . . RESOLUTION NO. 87- 03 Page 3 said court may direct and for an orde~ 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: AYES: NOES: ABSENT: :íjjf//ÞP Executive Director and Recording Secretary APPROVED AS TO FORM: 20th day of ,1;,"1Iary ,1987, by MEMBERS: Acosta, Griset, Hart, May, McGuigan, Pulido & Young MEMBERS: None MEMBERS: None ~ ~:1rì Chairman ,.- . . . . . EXHIBIT A All rights, title and interest which Draper's, a California corporation, may possess in those certain premises hereinafter described, as evidenced by that certain Lease Agreement, dated November 13, 1957, by and between Santa Ana Venture, a partnership, (as successor-in-interest to U,I,D,C" Inc" a California corporation) (Lessor), and Draper's, a California corporation (Lessee), plus any amendments and/or addenda to said Lease Agreement, in and to that certain property in Exhibit "A" of said Lease as "a storeroom 25' x 150', with an approximate one third basement", being #31 Fashion Square, Santa Ana; and more fully described as follows: A portion of Lot 7 in Tract No, 2805 in the City of Santa Ana, County of Orange, State of California, as shown on that cer~ain map recorded in Book 112, pages 33 and 34 of Miscellaneous Maps, in the Office of the County Recorder o~ said County, and commonly known as #31 Fashion Square, 2850 North Main Street, Santa Ana, California. ;i , t." . t;: .,:;' . ~ 1 I, ¡: ¡ I I i . ~: " ~ h1 H~ :ii " <or ~~S .. '-- " ~ ~ ¡¡¡ ,~ N <D ;d(!¡ ~~ ;a ¡¡:~. ~ \I> ~ ~ ~!' ~1> ~~ .t: ~ ~ . ~ ~@ ~ ~ ~ p ~ '" ~ /~'ff:1L ~. '. STREET: :; MAIN .. EXHIBIT B ~ ::190- ,,/ em A,P. NO, 002-221-05(Portìon) Draper's, Inc, IEASEHOID INTEREST /J '" <D ';' ~ ::i~ I" '~ "if ", ..1 ".',";'.",',', ,'¡. ,. i,,; '. '.~ , ~ \ ','~ [~ ~;i i ~~ ~~- C~, f.,~ ~ .~, '< . JI> 'I ~ ~', ~ is ~ ~..~ N <0 ..' ...... - :. ~. ~. 41-10 ~. , LL=:-¡- " ;~ - ¡. N' ~..,'