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HomeMy WebLinkAboutResolution No. 13S RESOLUTION NO. 13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN APPRAISAL ON CERTAIN REAL PROPERTY IN THE AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT; ESTAB- LISHING AN AMOUNT TO BE JUST COMPENSATION FOR THE ACQUISITION OF SAID REAL PROPERTY; AND AUTHORIZING OPTIONS TO BE ACQUIRED TO PURCHASE SAID REAL PROPERTY AND THE COMMENCEMENT OF NEGOTIATIONS FOR SUCH OPTIONS /o WHEREAS, this Agency has authorized an appraisal be obtained on certain real property (the "Property") in the Azusa Central Business District Redevelopment Project in the City of Azusa located at 429 North Azusa Avenue, 436 North San Gabriel Avenue, and 428 and 432 North San Gabriel Avenue. WHEREAS, the Agency authorized Donahue and Company, Inc. (17291 Irvine Boulevard, Tustin, California 92680) to obtain the appraisal of the Property; and WHEREAS, the appraisal has been made and an "Appraisal Report" dated November 24, 1978, has been submitted to this Agency, which report renders an opinion of fair market value for the Property. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES HEREBY RESOLVE'AS FOLLOWS: 1. The Agency hereby approves the appraisal made by Donahue and Company, Inc. on the Property and hereby further approves the "Appraisal Report" which contains said appraisal. 2. The Agency, based upon the review of the appraisal by and the recommendation of the Agency staff, hereby establishes the amount of $500,000.00 to be just compensation for the acquisi- tion of the property located at 429 North Azusa Avenue and 436 San Gabriel Avenue, and further establishes $90,000.00 to be just compensation for the acquisition of the property located at 428 and 432 North San Gabriel Avenue. 3. The Agency hereby authorizes the Executive Director of the Agency (or his designee) to acquire an option from the owners, or representative of the owners_, of the Property to purchase the Property in the amount hereby established to be just compensation therefor; and hereby further authorizes the Executive Director of the Agency (or his designee) to commence negotiations with said owners, or representative of said owners, for the acquisition of options to acquire the Property. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF April , 1979. IRMAN ATTEST: SECRE • RY APR 1 1979 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT SUMMARY STATEMENT OF BASIS FOR JUST COMPENSATION OWNER: ARTHUR N. AND BERNARDINE J. ANDREWS, PROPERTY ADDRESS: 429 North Azusa Avenue, and 436 North San Gabriel Avenue Azusa, California TOTAL PROPERTY AREA: 63,000 square feet or 1.446 acres PRESENT ZONING: C-2 and P PRESENT USE: :WAREHOUSE/DISTRIBUTION PROPERTY TO BE ACQUIRED: HUSBAND AND WIFE LOTS 1 THROUGH 12 AND LOTS 25 THROUGH .30, IN BLOCK 53 OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK' 1'5,'PAGES 93- 96 -OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE IMPROVEMENTS THEREON. AMOUNT OF THE OFFER: $500,000.00 STATEMENT OF THE AGENCY'S DETERMINATION OF THE AMOUNT OF THE OFFER: The above amount is believed by the Agency to be the full amount of "just compensation" for the acquisition of the above-described property. The determination of just compensation is based upon the Agency's inspection of the property and the consideration of an appraisal of the property made independently by a competent profess sional appraiser. The determination of, just compensation is not less than the Agency's approved appraisal of the "fair market value" of the pro- perty. The term "fair market value" is defined and recognized by the courts of this state in eminent domain proceedings as: APR 131a9s • "...the highest price estimated in terms of money which the land would bring if exposed to sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all the uses and purposes to which it was adapted and for which it was capable" [Sacramento Southern R. Co. v. Heilbron, 156 C. 408, 409, 104 P. 979, 980 (1909)]; and the term as so defined was used by the Agency and the appraiser in making their respective determinations of value. Any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the Azusa Central Business District Redevelopment Project or by the likelihood that the real property to be acquired would be acquired for the purposes of the Redevelopment Project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded by the Agency and the appraiser in making their respective determina- tions of value. However, in the event any significant change.in physical conditions of the property occurs prior to the time the Agency acquires title, the determination of fair market value and the amount of the offer are subject to redetermination by the Agency. Nevertheless, it should be noted that the appraisal and the Agency's determination of just compensation do not reflect any consideration of or allowance for any relocation assistance and payments which the owner may be entitled to receive under state law or for the Agency.'.s agreement to pay certain costs arising from the purchase of the property. -2- REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AZUSA CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT SUI4MARY STATEMENT OF BASIS FOR JUST COMPENSATION OWNER: JOHN AND LYDIA E. GONZALES, HUSBAND AND WIFE , PROPERTY ADDRESS: 428 and 432 North San Gabriel Avenue Azusa, California TOTAL PROPERTY AREA: 14,000 square feet PRESENT ZONING: C-2 PRESENT USE: RESIDENTIAL AND COMMERCIAL PROPERTY TO BE ACQUIRED: LOTS 31, 32, 33 and 34, IN BLOCK 53 OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 93-96 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE IMPROVE- MENTS THEREON. AMOUNT OF THE OFFER: $90,000 STATEMENT OF THE AGENCY'S DETERMINATION OF THE AMOUNT OF THE OFFER: The above amount is believed by the Agency to be the full amount of "just compensation" for the acquisition -of the above-described property. The determination of just compensation is based upon the Agency's inspection of the property and the consideration of an appraisal of the property made independently by a competent profess sional appraiser. The determination of just compensation is not less than the Agency's approved appraisal of the "fair market value" of the pro- perty. The term "fair market value" is defined and recognized by the courts of this state in eminent domain proceedings as: APR 131979 " ..the highest price estimated in terms of money which the land would bring if exposed to sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all the uses and purposes to which it was adapted and for which it was capable" [Sacramento Southern R. Co. v. Heilbron, 156 C. 408, 409, 104 P. 979, 980 (1909)]; and the term as so defined was used by the Agency and the appraiser _ in making their respective determinations of value. Any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the Azusa Central Business District Redevelopment Project or by the likelihood that the real property to be acquired would be acquired for the purposes of the Redevelopment Project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded by the Agency and the appraiser in making their respective determina- tions of value. However, in the event any significant change.in physical conditions of the property occurs prior to the time the Agency acquires title, the determination of fair market value and the amount of the offer are subject to redetermination by the Agency. Nevertheless, it should be noted that the appraisal and the'Agency's determination of just compensation do not reflect any consideration of or allowance for any relocation assistance and payments which the owner may be entitled to receive under state law or for the Agency'.s agreement to pay certain costs arising from the purchase of the property. -2-