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HomeMy WebLinkAbout1991-03 CRA . . . RJW/fm 6\6\91 RESOLUTION NO. 91-03 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF A FEE TITLE INTEREST IN THAT CERTAIN REAL PROPERTY, LOCATED AT 410 NORTH BROADWAY (ORANGE COUNTY ASSESSOR'S PARCEL NO. 398-255- 18), IN THE CITY OF SANTA ANA, FOR REDEVELOPMENT PURPOSES, AND AUTHORIZING AND DIRECTING CONDEMNATION THEREOF 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 410 North Broadway (Orange County Assessor's Parcel No. 398-255-18), 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, the Agency, as required by Code of civil Procedure section 1246.235, has undertaken all reasonable efforts to give notice and reasonable opportunity to be heard to the person or persons, whose names and addresses appear on the county's last equalized assessment roll as the owner or owners of record of said property, 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; and (c) whether the property described herein is necessary for the proposed project. RESOLUTION NO. 91-03 Page 2 . 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 more particularly described as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Said property is located within the City of Santa Ana Redevelopment Project area of Santa Ana and within the site of the "A-2 Redevelopment Project" as depicted by the map attached hereto as Exhibit "B," and incorporated herein by reference, and is necessary for the proposed project. 3. The public interest and necessity require the A-2 Redevelopment Project as a project implementing the abovesaid redevelopment plan. . 4. The A-2 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 A-2 Redevelopment Project. 6. The offer required by section 7267.2 of the California Government Code has been made to the 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 Agency adopts, and incorporates herein by reference, the staff report dated June 18, 1991. 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 . . . . RESOLUTION NO. 91-03 Page 3 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 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 the following vote: 17." day of SEPTEMBER ,1991, by AYES: MEMBERS: ACOSTA, GRISET, MCGUIGAN, PULIDO, RICHARDSON, YOUNG MEMBERS: NORTON NOES: ABSENT: MEMBERS: ~ Chairman ATTEST: ~ 1hv- CYN IA J.N SON Executive Director and Recording Secretary APPROVED AS TO FORM: ~~ ~ EDWARD J. ,tPER 'õ f),.,/ Agency Legal Counsel . . . EXHIBIT "A" Land situated in the state of California, County of Orange, City of Santa Ana, and described as follows: Beginning at the southeast corner of Lot 16 of Birch Addition to Santa Ana, as shown on a map recorded in Book 3, page 145 of Miscellaneous Records of Los Angeles County, California; thence easterly along the easterly prolongation of the southerly line of said Lot 16, 125.11 feet to a point in the westerly line of Broadway, as located July 8, 1925, which said point is 125.20 feet southerly from the point of intersection of said westerly line of Broadway with the southerly line of Fifth Street, as located on July 8,1925; thence southerly along said westerly line of Broadway 25 feet to a point; thence westerly parallel with first courses herein described, 125 feet to a point in the easterly line of Lot 17 of said Birch Addition to Santa Ana; and thence northerly along the easterly line of said Lot 17, 25 feet to the point of beginning.