HomeMy WebLinkAbout1980-008 CRA
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1/16/80
RESOLUTION NO. 80-8
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY FOR REDEVELOPMENT PURPOSES IN THE
CITY OF SANTA ANA, STATE OF CALIFORNIA, AND
DECLARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, the City of Santa Ana and the Community
Redevelopment Agency of the City of Santa Ana have entered
into that certain "Joint Exercise of Powers Agreement," form
dated 1/15/80, wherein Agency agrees to take all steps necessary,
including, but not by way of limitation, an action in eminent
domain, to acquire certain real property generally located
west of Main Street, north of Roe Drive, in the Redevelopment
Project Area for the public benefit and use by both the city
and the Agency; and
WHEREAS, said acquisition is required in order to
provide a redevelopment site, pursuant to an owner partici-
pation agreement between the Community Redevelopment Agency
of the City of Santa Ana and American National Properties,
Inc., to provide for the expansion of Fashion Square Shop-
ping Center, and to provide for the extension of Memory Lane
in conjunction with the Broadway Overcrossing of the Santa
Ana Freeway; 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 as record
owners on the Litigation Guarantee Reports for said property,
and all tenants 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 Commun-
ity Redevelopment Agency on those matters set forth in its
Notices of Intention to Adopt a Resolution of Necessity as
referred to in Code of Civil Procedure Section 1240.030,
which included the following matters:
(a) Whether the public interest and necessity
require the proposed project; and
(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; and
(c) Whether the property described herein is
necessary for the proposed project.
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 Agency is specifically authorized by vir-
tue of Health & Safety Code Sections 33391 and 33342 to take
property by condemnation for redevelopment purposes, namely
redevelopment purposes, namely property situated within the
area described in the first recital herein above.
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RESOLUTION NO. 80-8
PAGE TWO
2. The property described herein is located with-
in the Community Redevelopment Project Area of the City of
Santa Ana 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 in "Exhibit B," attached hereto and incorporated
herein by reference.
3. The public interest and necessity require the
proposed project.
4. The proposed project is planned and located in
the manner that will be most compatible with the greatest
public good and the least private injury.
5. The property described herein is necessary for
the proposed projects.
6. The legal counsel of the Community Redevelop-
ment Agency of the City of Santa Ana is hereby directed to
bring action in the Superior Court of the State of Califor-
nia 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 afore-
said purposes. The Agency legal counsel 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 deposits 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 21st day of
1980, by the following vote:
January
AYES: MEMBERS
NOES: MEMBERS
ABSENT: MEMBERS
Griset, Luxembourger, Serrato,
Ward, Yamamoto
Markel
Bricken
ATTEST:
:;:~~
RECORDING AGENCY
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APPROVED AS TO FORM:'
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AGENCY LEGAL COUNSEL
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Exhibit A
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HHHHd The Property
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OF TH£ SHAF£H TH,
TH NO 511
TH, NO, 512
M.M,. -..,
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MM,19-16
NOTE -ASSESSOH's BLOCK
8 PARCEL NUItI8ER!i SHOWN
IN CIRCLES,
. MAP
ASSESSO~~ GE eo
~g~Z/y OFORANGE@
II
MARCH 1948
MARCH 1915
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
Those certain parcels of land situated in the State of California,
County
follows:
All
that
desc:ribed
Santiago
of
Orange,
City
Santa
and
is described as
of
Ana,
portion
of
land
allotted
to
Abel Stearns' as
the
in
,the
Final
of
of
the Rancho
Decree
Partition
de
Santa
Ana, a certified copy of whi.ch was recorded
September 12, 1868 in Book B, page 410 of Judgements of~,th8 District
Court
in and for Los Angeles
of
the
Judicial
District
17th
County, California, described as follows:
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PARCEL
¡ :
Beginning
at
Northeast
corner of Section I,
the
Township 5 South, Range 10 West, thence Westerly along the North
line
of
line
of
Comapny,
said
Sectionl325,feet, more or less, to the Easterly
the
of
of
the Southern Pacific Railroad
right
way
thence
Southeasterly
along said Easterly line to the
Northwest corner of the land of N. Burnbaugh, as described in an
line of said Burnbaugh's
agreement
land,
records
Northerly
establishing
the
boundary
recorded October 10, 1907 in Book 156, page 385 of Deeds,
of
Orange
County;
Easterly
along
the
thence
s!\.id
line of the land of said Bur nb augh , as established by
and
the
Northerly
of
the land
line
said
agreement,
along
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c.onveyed to M. M. Cole by deed recorded January 20, 1911 in Book
183,
page
Northeast corner of said land conveyed to M. M. Cole, said point
being
276
of deeds, records of said Orange County, to the
in
the center of Main Street; thence Northerly along the
center of Main Street, 136.1 feet, more or less, to the point of
beginning.
Excepting
California
.
page
Book
97
995,
therefrom
tho se
portions
conveyed
to the State of
by
quitclaim Deed recorded May 5, 1939 in Book 997,
of
Official Records; by deed recorded June 9, 1939 in
page
486
of Official Records, and by deed recorded
April 1, 1955 in Book 3016, page 481 of Official Records, and by
deed
recorded
September
22,
1960
Book 5427, page 434 of
in
Official records.
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PARCEL 2: Beginning
at the Northwest corner of Lot 4 in Block A
of Tract No. 5ll, as shown on a Map recorded in Book 18, page 29
of
Miscellaneous
Maps,
records
of said Orange County; thence
North 88'0 05' East along the North line of said Lot 4 and along
the
the
center
North
of Lot I in block A of said Tract No. 511, and
line
Easterly
extension
thereof
208.22 feet to a point in the
line
of
Main Street as shown on said Map; thence North
004~' East.~ìong the center line of said Main Street, 0.49 feet,
more or less, to the Northeast corner of the land conveyed to M.
M.
of
the
Cole by deed recorded January 20, 19l1 in Book 183, page 276
Deeds,
records of said Orange County, thence Westerly along
Northerly
of
land
conveyed to said M. M. Cole
line
the
208.22 feet, more or less, to a point in the Northerly extension
of
the Westerly line of said Lot 4; thence Southerly along said
extended line 0.66 feet to the point of beginning.
PARCEL 3:
Lots I, 2, 3, 4, 5, 6, 7 and 8 in Block "A" of
"Tract No.: 511", as shown on a Map recorded in Book 18, page 29
of Miscellaneous Maps, records of Orange County, California
Excepting:
1.
Ana
Rights
Valley
of way for all necessary water ditches of the Santa
irrigation
Company,
affecting Parcels I, 2 and 3,
reserved in the Deed to James L. Wightman, recorded May 31, l881
in
book
140 of Deeds, records of Los Angeles County
80,
page
California, and in other deed of record.
2.
The
of
the
5 feet of said Lots 4
Way
Right
over
rear
through
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for
the erection of telephone and electric poles as
reserved by endorsement on said Map of Tract No. 511.
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3.
An
Easement
for
street purposes over the East 33 feet of
Parcels I and 2 included in Main Street, as reserved in the deed
from Mit Phillips and Tennessee G. Phillips, his wife and Damsel
Tomlinson,
a
widow,
C. L. Black, recorded May 11, 1905 in
to
book 120, page 22 of Deeds.
4.
the
the
An Easement for sanitary sewer and incidental purposes over
West 15 feet of the East 670 feet of Parcel I as granted to
City
of Santa Ana by deed recorded August 26, 1955 in book
3189, page 333 of Official Records.
5.
A
Right
of
Way
over
Parcels I and 2 for pipe lines and
incidental
purposes
of the Santa Ana Valley Irrigation Company
as
shown
a Map filed December 6,1955 in Book 31, pages 42
on
and 43 of Record of Surveys in the office of the County Recorder
of Orange County, California.
6.
An Easement for street purposes over the Easterly 3 feet of
said land, as conveyed to the City of Santa Ana by deed recorded
October 25, 1957 in book 4082, page 103 of Official Records.
7.
any
from
deed
The
Fact
that the ownership of said land does not include
abutters
rights
and any rights of ingress or egress to or
the
Freeway,
said rights having been relinquished by the
from
Interstate Bakeries to State of California, recorded
September 22, 1960 in book 5427, page 434 of Official Records.
Said
Deed
also provides among other things that such remaining
property
which
shall
abut upon and have access to said frontage road
will
be
connected to the freeway only at such points as
may be established by public authority.
8.
any
The
fact
that the ownership of said land does not include
rights
of
to
or
from the adjoining
ingress
or
egress
freeway,
except at such points as now are or may be established
by
hav ing
resolution of the California Highway Commission, said rights
been reserved in instrument recorded October 20, 1966 in
book 8081, page 331 of Official Records.
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9.
easement
street and incidental purposes affecting
An
for
Parcels
2
and 3 on the East, conveyed to the City of Santa
I,
Ana
instrument recorded October 14, 1968 in book 8751, page
by
316 of Official Records.
10.
An offer of Dedication affecting Parcel 3 over the Westerly
8.00 feet of the Easterly 19.00 feet of those portions of Lots
I, 2 and 3 of Block A of Tract No. 511, as shown on a Map
thereof recorded in book 18, page 29 of Miscellaneous r~aps,
records
of
said County, together with a spandrel shaped parcel
of
portion of said Lot 3 bounded Easterly by the
land
over
a
Westerly
of said Westerly 8.00 feet and bounded Southerly
line
by the Southerly line of said Lot 3 and bounded Northwesterly by
a
curve concave Northwesterly having a radius of 25.00 feet and
being
Westerly
boundaries,
and
Southerly
tangent
to
said
conveyed
the City of Santa Ana by deed recorded October 14,
to
1968
in book 8751, page 319 of Official Records, upon the terms
and
conditions
therein, record reference being made
contained
for full particulars.
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