HomeMy WebLinkAboutRDA 85-05RESOLUTION NO. RDA 85-5
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY FINDING AND
DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION
BY EMINENT DOMAIN OF CERTAIN SUBLEASE
HOLD INTERESTS IN REAL PROPERTY FOR
PUBLIC USE AND AUTHORIZING AND
DIRECTING CONDEMNATION.
WHEREAS, the Tustin Community Redevelopment Agency (hereinafter
"Agency") is authorized to acquire the subleasehold interests in the
real property described in Exhibit "A" attached hereto and made a part
hereof pursuant to the Community Redevelopment Law of the State of
California (Part 1 of Division 24, Health and Safety Code) including,
but without limitation, Health and Safety Code Section 33391 (b), Code
of Civil Procedure Sections 1240.010, 1240.020, 1240.030, 1240.040,
1240.050 and Article I Section 19 California Constitution.
WHEREAS, the acquisition of the subleasehold interests in the
hereinafter described real property are for a public use, to wit:
for the elimination of blight and for redevelopment purposes in
connection with and located in the TO~n Center RedeVelopment
Project Area (hereinafter "Project Area").
WHEREAS, The legal Notice of Intention to Adopt a Resolution
of Necessity to acquire by eminent domain subleasehold interests in
hereinafter described real property was duly given by the Agency
pursuant to and in compliance with the requirements of Section
1245.235, Code of Civil Procedure; and
WHEREAS, the Agency' held a public hearing on June 3, 1985 on
those matters specified in the Notice of Intention to Adopt a
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Resolution of Necessity and has provided all persons a reasonable
opportunity to appear and be heard on those matters referred to in
Section 1240.030, Code of Civil Procedure:
NOW THEREFOP~, the Tustin Community Redevelopment Agency does
hereby find and determine:
The public interest and necessity require the proposed
project.
2.
The proposed project is planned or located in the manner
that will be most compatible with the greatest public good and the
least private injury.
3. The property hereafter described is necessary for the
proposed project.
4. The offer required by Section 7267.2 of the Government Code
has been made to the owner or owners of record.
5. The Agency is authorized to acquire the subleasehold
interests in the hereinafter described real property by eminent
domain for the elimination of blight and for community redevelopment
purposes by Article I Section 19 of the California Constitution and
by Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050 Code
of Civil Procedure and 33391 (b) Health and Safety Code.
6. As to any portion of the hereinafter described real property
that is currently appropriated for a public use, the uses for which
said subleasehold interests in real property are sought to be
acquired are more necessary public uses and the Agency is empowered
to acquire for more necessary public use pursuant to Section 1240.610
Code of Civil Procedure.
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7. The law firm of Robert F. Waldron, Inc., Special Counsel
to the Agency, is hereby authorized to prepare and prosecute in the
name of the Agency such proceeding or proceedings in the proper
court having jurisdiction thereof as are necessary for such acquisi-
tion; to prepare and file such pleadings, documents, briefs and other
instruments, and to make such arguments and to take such actions as
may be necessary in the opinion of said law firm to acquire for the
Agency the interests in said real property. Said law firm is
specifically authorized to take whatever steps and/or procedures are
available under the Eminent Domain Law of the State of California
(Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010-
1273.050).
PASSED AND ADOPTED this 3rd day of June, 1985.
ATTEST:
ATTEST:
day of June, 1985.
Chairman, Tustin Community
Redevelopment Agency
Secreta. r.%, Tust ~'~
Commun i~y; Redeve~topment
Agency
I HEREBY CERTIFY that the foregoing Resolution No. RDA 85-5
was duly adopted by the Governing Board of the Tustin Community
Redevelopment Agency at a regular meeting thereof held on the
3rd day of June, 1985, by the following vote:
AYES: EDGAR, GREINKE, HOESTEREY, SALTARELLI
NOES: KENNEDY
ABSENT: NONE
ABSTAIN: NONE
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IN WITNESS WHEREOF I have hereunto set my hand and affixed
the seal of the Tustin Community Redevelopment Agency this 3rd
of June 1985.
day
Secretary, Tust~ Community
Redeve lo~ent Agency
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THE LAND ¢'EFERRED TO HEREI,,' IS SITUATED fN THE STATE OF CAL~'FORr,;IA.
COUNTY OF ORANGE, CITY OF TUSTIN AND IS DESCRIBED A.S FOLLOWS;
PARCEL
THAT PORTION OF THE LAND ALLOTTED TO YNEZ YDRBA DE 6DTA
AS DESCRIBED IN THE FINAL DECREE OF F'ARTITIOr~ OF THE RANCHO
SANTIAGO DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS F:ECORDED
SEPTEMBER 12, 1868 IN BOOK B, PAGE 410 OF JUDGMENTS OF
THE DISTRICT COURT OF THE 17TH JIJDICIAL DISTRICT IN AND
FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE FLINI'
AND BIXBY ALLOTMENT IN SAID RANCHO 957.0¢~ FEET NORTH 59"
50' 00" EAST FROM THE SOUTHEAST CORNER OF THE 143.90 ACRE
PARCEL OF LAND ALLOTTED TO RAYMUNDO YORBA IN SAID PARTITION
OF SAID RANCHO; THENCE ALONG SAID NO¢'THWESTERLY LINE NORTH
· 59° 50: DA" EAST 925.98 FEET; THENCE WEST 588.06 FEET;
THENCF. SOUTH 716.76 FEET TO THE POINT OF BEGINNING.
EXCEF'TING THEREFROM THE WEST 77.00 FEET CONVEYED TO THE
SOUTHERN PACIFIC RAILROAD COMPANY BY DEED RECORDED MAY
28, 18B9.IN BOOK 570~ PAGE 288 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY.
ALSO EXCEPTING THEREFROM THE SOUTHEASTERLY 70.00 FEF_T.
PARCEL_.'""
THAT CERTAIN 40.00 FOOT STRIP OF LAND DESCRIBED IN A DEED
FROM $OHN H. STEARNS, AND WIFE TO THE PACIFIC ELECTRIC
R'AILWA¥' COMPANY RECORDED NOVEMBER 28, 1917 IN BOOK -16,
PAGE 1.-._-. OF DEEDS, RECORDS OF ORANGE COUNT'/, CALIFORNIA.
E×CEF'TING THEREFROM TO THE GRANTOR, ITS SUCCESORS AND ASSIGNS,
FOF. EVER, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS
AIID MIr:ERAI_ ORES OF EVER'! I....IND AND CHARACTER NOW KNOWN
TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING
SAID LA,.ID 0R THAT MAY BE PRODUCED THEREFROM INCLUDING,
WITHOUT LIMITI~G THE GENERALITY OF THE FOREGOING; ALL PEI'ROLEIJM,
OIL. tlATUP'AL GAS AND OTHER HYDROCARDON SUSSTANCES AND F'R;]OUCTS
DERIVED THEREFROI.I. TOGETHER WITH THE EXCLUSIVE AND F'ER'F'ETLJAL
RIGHT OF SAID GRANr0R, ITS SUCCESSORS AND ASSIGNS. OF II'4GRESS
A~ID EGRESS BENEATH THE SURFACE OF SAID LAND T0 EXF'LORE
FOP'. EXTRACT. MIllE AND REI4OVE THE SAME, AND TO MAI E SI}CH
USE OF THE SAIl} I_ArlD BIiNEA]'~t TIlE SURFACE AS IS i'~ECESSARY
:'::;' USE;:UL IH CAM~ECTION T~;EBEW[TH. WHIEll USE MAY INCLUDE
LATE~;AI. OR SLAI.I[ DR!LLI~IG, DIGGlt.¢G, BORlr~D, OR
OF ~,ELL3. 5HAFTS OR T;ll~:41FI_S: F'POVIDE HONEVER, fl-;A[ SAiD
r]P¢.;~rCl:;. ITS SIJCCESS(]R5 Arid ASSIGNS. SIIAL.L ~IOF USE T~-
-~[) C;'*,LL ~10~ DISI'~[:'D THE 5[~RF,,CE OF SAID I_Ar41) ,'~R
F_%hibit "A" - Page 1
l..37 SAID LC,,"',ID OR A; ~'i'IF'I::.!]VE'_IMEI'.ITS THEREOhl, AS ,....ESERVED
DEED RECO&DED JULY -, ~757 1'~'.; Pr'~o; ..'5.':790, PC, GE '565 OF'
RECCJRDS ·
Exhibit "A" - Page 2
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