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HomeMy WebLinkAbout1992-03 CRA I. RM/JIBJ 4/6/92 RESOLUTION NO. 92-3 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS THAT PORTION OF WESTWOOD AVENUE ADJOINING THE PROPERTY IDENTIFIED BY ASSESSOR PARCEL NUMBER, BOOK 405, PAGE 233, PARCEL 14, COMMONLY KNOWN AS THE STREET IN FRONT OF 1131 WESTWOOD AVENUE, SANTA ANA, CALIFORNIA, FOR REDEVELOPMENT PURPOSES 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 ("Agency") to acquire, for redevelopment purposes, a portion of Westwood Avenue, a public street, located in the city of Santa Ana, adjoining the property identified as APN 405-233-14, known as 1131 Westwood Avenue, in the City of Santa Ana Redevelopment Project area; and . WHEREAS, the Agency has not made an offer to the owner 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, because, after due and reasonable diligence, the Agency was not able to locate the owner of record of said property; and WHEREAS, the Agency, as required by Code of civil Procedure section 1245.235, has undertaken all reasonable efforts to give notice and reasonable opportunity to be heard to the person, according to the Agency's records, whose name appears as record owner of said property; but such notice was not given because, after due and reasonable diligence, the Agency was not able to locate the owner of record of said property; and WHEREAS, a public hearing was held by the 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 . 2A (c) whether the property described herein is necessary for the proposed project. . RESOLUTION NO. 92-3 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 on 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 FHP Medical Center project, and is necessary for the proposed project. A map showing the location of the above- described property is attached hereto as Exhibit "B" and incorporated herein by reference. 3. The public interest and necessity require the FHP Medical Center project as a project implementing the abovesaid redevelopment plan. . 4. The FHP Medical Center project is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury. 5. The property hereinabove described is necessary for the FHP Medical Center project. 6. The offer required by section 7267.2 of the California Government Code has not been made to the owner of record of the property hereinabove described, because, after due and reasonable diligence, the owner of record of said property could not be located. 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 April 21, 1992. . 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 2A . . . RESOLUTION NO. 92-3 Page 3 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: April , 1992, by 21st day of AYES: MEMBERS: Acosta, Griset, McGuigan, Pulido, Richardson, Young MEMBERS: Norton NOES: ABSENT: MEMBERS: ~~ Chairman ATTEST: CYN IA J. SON Executive Director and Recording Secretary APPROVED AS TO FORM: ~~ Agency Lega unsel . . . EXHIBIT A That p:Jctic:n of the West hal.f of Westw:x:d Avenue, 60.00 feet wide, as sln<m en a Ra::=d of Survey, in the City of Santa Ana, CaJnty of Oran;¡e, State of Calif=ria, as ¡;:er tœp filed in EccK 34, Page 32 of Re:='d of SUrveys, in the office of the CaJnty Reaxder of said a::unty, beinJ bourxJed en the SOJt:h by the Easterly ~tien of that certain cc:urse havj,n;¡ a tear:in;¡ &xi di.starx:e of SCUth 89° 42' 40" West 35.63 feet (said cc:urse also beiIYJ the N::xrth lin= of Eighth Sb:eet, rDi{ Civic Center Drive), &xi beinJ bourxJed en the N::xrth by the Easterly ~ticn of that certain cc:urse havj,n;¡ a tear:in;¡ &xi di.starx:e of tbrth 89° 42' 40" East SO.56 feet. -- EXHIBIT A ." . " . . . \ "'\ ' ( EXHIBIT B ::.. CIVIC CENTE,'! ~ " ( \ ~ I:::~ ¡; :: EXHIBIT B ~ ~ ~ '" '" " [;: ~ :r, ", :: , i I I I I , i I I "\ ;JR/VE - UBJECT . , . I ~I"L is ". " ie: ¡~ iC"