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HomeMy WebLinkAboutResolution No. 239RESOLUTION NO. 239 RESOLUTION OF THE AZIISA REDEVELOPMENT AGENCY BOARD OF DIRECTORS ESTABLISHING THE AMOUNT OF JUST COMPENSATION CONCERNING THE PURCHASE OF AN UNIMPROVED COMMERCIAL PROPERTY (229 S. AZIISA) AND THREE SINGLE FAMILY RESIDENCES (214, 220, 224 S. SAN GABRIEL) IN CONJUNCTION WITH THE CENTRAL BUSINESS DISTRICT REVITALIZATION PROJECT WHEREAS, a part of the Agency's FY 1985-86 Central Business Program include the revitalization of the downtown area and encouraging the development of new business in the Agency's Project area; and WHEREAS, the acquisition of the properties located at 229 S. Azusa Avenue and at 214, 220 and 224 S. San Gabriel Avenue is not only consistent with project area goals but is necessary in assembling property for the development of an auto dealership which will add to the revitalization of the project area; and WHEREAS, the California Administrative Code, Title 25, Chapter 6, requires that a Fair Market Value be estabished by a competent and independent appraiser which services as the basis for determining the Amount of Just Compensation; and WHEREAS, the unimproved commercial property and the three single family residences, owned by Kenshiro Otsuka, Kenshin Otsuka and Keiko Otsuka, have been appraised by an independent appraiser in a competent manner in accordance with the Code and other applicable regulations; and WHEREAS, the Fair Market Value of the subject parcel has been established at $550,000; and WHEREAS, upon completion of formal negotiation, the Agency intends to acquire Fee Simple Interest in the property; and WHEREAS, the Owner and Agency have negotiated based upon the Fair Market Value and the Adjusted Value; and NOW, THEREFORE BE IT RESOLVED, the Azusa Redevelopment Board of Directors determines the Amount of Just Compensation to be $550,000 for the unimproved commercial parcel and the three single family residences located at 229 S. Azusa and 214, 220 and 224 S. San Gabriel Avenues and authorizes the Chairman to execute the acquisition agreement on behalf of the Agency in substanially form as attached hereto as exhibit A. APPROVED AND ADOPTED this 6th day of January, 1986 7 ETJGtN,o F. MOSES CHAIAkAN I hereby certify that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof held on thetfthh day of January, 1986, by the following vote of the Agency: AYES: DIRECTORS : CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: DIRECTORS : NONE ABSENT: DIRECTORS : NONE dD40LqHLIS,ETARY 0 • STATEMENT OF THE BASIS FOR THE DETERMINATION OF JUST COMPENSATION The Determination of Just Compensation is based upon the Fair Market Value established by two qualified independent appraisers. The generally recognized definition of Fair Market Value in California is: "the highest price on the date of valuation that would be agreed by a seller, being willing to sell but under no particular or urgent necessity for so doing and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available" (See California Code of Civil Procedure 1263.320) Property Description: Lots 5, 6, and 7 of Tract No. 13426 and Lots 17, 1S and 19 of Tract No. 13641. Improvements Covered by the Offer: Land and improvements ......... $550,000.00 Based upon the Fair Market Value established by an independent appraisal and the Agency's inspection of the subject parcels, the above mentioned amount is believed to be just compensation for the subject property. The Redevelopment Agency of the City of Azusa's determination of just compensation is not less than its approved appraisal of the Fair Market Value of the property. The Market Data and Value Approaches were the basic methods of estimating value. The Offer of Just Compensation disregards any decrease or increase in the Fair Market Value of the subject property caused by the projects of the Redevelopment Agency of the City of Azusa or the Community Development Block Grant Program, or by the likelihood that the property would be acquired for such projects, other than that due to physical deterioration within the reasonable control of the owners. Further, the appraisal and determination of just compensation do not reflect any consideration of, or allowances for, any relocation assistance and payments under Title I of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Chapter 6, Title 25 of the California Administration Code, Section 7262 of the California Government Code, Section 1263.010 of the California Code of Civil Procedures or the Redevelopment Agency of the City of Azusa's agreement to pay certain settlement costs. The Agency recognizes that, under certain circumstances, special interests in the real property it proposes to buy, e.g. easements, leaseholds, tenant -owned improvements, life estates and water, gas, oil or mineral rights, may belong to parties other than the recorded title holder. In such cases, the Agency, after appropriate investigation of the various interests, may apportion its Offer of Just Compensation in accordance with the respective interests of each of the parties involved. The owner, tenant and any other party, or parties with interests, must be in full agreement about any apportionment before the Agency can conclude an acquisition. 6 6 Accordingly, the basis for the determination of just compensation does not include any apportionment for any un -disclosed interest(B) of the type described but rather, reflects a determination based on the City of Azusa Redevelopment Agency's review of independent appraisals made on the subject parcels. 0 EXHIBIT A • OTSUKA, ET AL PROPERTY 229 SOUTH AZUSA AVENUE 214-224 S. SAN GABRIEL AVENUE AZUSA, CALIFORNIA PHYSICAL DESCRIPTION - LAND (Cont.): There are no known or apparent easements of any significance across the subject properties that would inhibit the usability of the sites. However, confirmation of this statement would await a review of a formal title report. Likewise, we assume that the sites's soil conditions are such as to allow for its full development to its highest and best use. But again we were not provided with a soils report for the property which would need to be reviewed in order to confirm this conclusion. PHYSICAL DESCRIPTION - IMPROVEMENTS: General The subject property is divided into two distinct types of uses. Facing Azusa Avenue is a former service station facility. Fronting onto San Gabriel Avenue are three individual single family residences. These developments are described as follows. 219 South Azusa Avenue This 28,215 sf commercially zoned parcel is improved with a 1,454 sf modern ranch style service station. This facility, built in 1968, sits on a concrete slab foundation. It is of metal construction with a partial brick facade. Its roof is covered with concrete tile. The building has two service bays, an office, a storeroom and two restrooms. The remainder of the ,site is asphalt paved, with some portions in concrete. There are no service islands or canopies in place here. Likewise, landscaping is nominal. It appears that the underground tanks are still in place here. An 8 foot high concrete block wall runs along the west and south perimeters of the site. Because of this wall the property has no present accessibility to the rear public alley. The quality of the workmanship and materials found at this facility is average. The improvements are in average condition. The building has an attractive exterior elevation and the floor plan is functional. The building has been situated on the site in such a manner so as to provide for its developed purpose. W1 BOZNANSKI & COMPANY, INC. OTSUBA, ET AL PROPERTY 229 SOUTH AZUSA AVENUE 214-224 S. SAN GABRIEL AVENUE AZUSA, CALIFORNIA PHYSICAL DESCRIPTION - IMPROVEMENTS (Cont.): 214 South San Gabriel Avenue This 7,107+ sf commercially zoned site is improved with a 1,328 sf single story single family residence. this home, built in 1949, sits on a concrete slab foundation. Its roof cover is asbestos shingle. It has 3 bedrooms and 1 bathroom. It is of frame and stucco construction, with some wood facing. It has metal framed windows. Window air conditioners are in place. A screen porch extends across most of the rear of the home. The property has a grassed front yard with mature trees in place. A concrete walk leads to the front. The rear yard is enclosed with a chain link and wood fence. An asphalt and concrete drive leads from the rear alley. The rear yard is grassed and has several mature trees. There is no car cover here. The quality of the workmanship and materials found at this facility is average to fair. The improvements are in average condition. The building has a plain exterior elevation and the floor plan is functional. the building has been situated on the site in such a manner so as to provide for maximum utilization of the land. 220 South San Gabriel Avenue This 7,107+ sf commercially zoned site is improved with a 1,099 sf single story single family residence. this home, built in 1949, sits on a concrete slab foundation. Its roof cover is asbestos shingle. It has 3 bedrooms and 1 bathroom. It is of frame and stucco construction, with some wood fencing. It has metal framed windows. The property has a grassed front yard with mature trees in place. A wrought iron fence encloses the yard. The rear yard is enclosed with a low level chain link fence. An asphalt drive leads from the rear alley. The rear yard is nominally grassed and has several mature trees. There is a nominal carport structure here. The quality of the workmanship and materials found at this facility is average to fair. The improvements are in average to fair condition. The building has a plain exterior elevation and the floor plan is functional. The building has been situated on the site in such a manner so as to provide for maximum utilization of the land. 20 BOZNANSKI & COMPANY, INC. OTSU%A, ET AL PROPERTY 229 SOUTH AZUSA AVENUE 214-224 S. SAN GABRIEL AVENUE AZUSA, CALIFORNIA PHSYICAL DESCRIPTION - IMPROVEMENTS (Cont.): This 7,107+ sf commercially zoned site is improved with a 1,007 sf single story single family residence. This home, built in 1949, sits on a concrete slab foundation. Its roof cover is composition with small rock. It has 3 bedrooms and 1 bathroom. It is of frame and stucco construction, with some wood and brick facing. It has metal framed windows. The property has a grassed front yard with mature trees in place. A concrete walkway leads to the front. The rear yard is enclosed with a nominal chain link fence. An asphalt drive leads from the rear alley. The rear yard is grassed and has several mature trees. There is a two car flat roofed carport here. The quality of the workmanship and materials found at this facility is average to fair. The improvements are in average to fair condition. The building has a plain exterior elevation and the floor plan is functional. The building has been situated on the site in such a manner so as to provide for maximum utilization of the land. ZONING: FS (Freeway Service District Zone) as per City of Azusa Zoning Ordinance Chapter 19.22. This zone allows for a wide use of commercial and office development, particularly oriented to motorists needs. This zoned allows for restaurants, retail stores and shops. They are limited to a four story or 55 ft. height. Minimum site area is designated to be 20,000 sf. 20 ft. front and rear yard setbacks are required as well as a 10 ft. side yard set back. Onsite parking requirements for commercial uses are designated as one space per each 250 sf of building, or 1 space for each 300 sf of office space. Motels require 1 space for each unit. The subject property is designated GC (General Commercial) by the Azusa General Plan. This designation is consistent with the zoning specifications. Parcel -25 (the easterly portion of the subject ownership) is within the Azusa Central Business District Redevelopment Project Area. Thus any development here must abide by the requirements of the Redevelopment Plan as well as those of the zoning ordinance. 21 BOZNANSKI & COMPANY, INC.