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HomeMy WebLinkAboutResolution No. 2386 • RESOLUTION NO. 238 RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF DIRECTORS ESTABLISHING THE AMOUNT OF JUST COMPENSATION FOR AND AUTHORIZING CHAIRMAN TO EXECUTE OPTION TO PURCHASE AGREEMENT CONCERNING THE PURCHASE OF AN UNIMPROVED COMMERCIAL PROPERTY (614-620 N. AZUSA), IN CONJUNCTION WITH THE CENTRAL BUSINESS DISTRICT AREA OF THE AZUSA REDEVELOPMENT AGENCY. WHEREAS, a part of the Agency's FY 1985-86 Central Business Program includes the revitalization of the downtown area and encouraging the development of new business; and WHEREAS, the acquisition of the property located at 614-620 N. Azusa is not only consistent with project area goals, but, is necessary in providing adequate parking for the downtown area Revitalization Project; and WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and California Administrative Code, Title 25, Chapter 6, require that a Fair Market Value be established by two competent and independent appraisers which services as the basis for determining the Amount of Just Compensation; and WHEREAS, the unimproved commercial property located at 614-620 N. Azusa, owned by Zodilla, Robert and Dorothy Singleton, has been appraised by two independent appraisers in a competent manner in accordance with the Act and other applicable regulations; and WHEREAS, the Fair Market Value of the subject parcel has been established at $156,000; and WHEREAS, upon completion of formal negotiations, the Agency intends to enter into an Option to Purchase Agreement in order to acquire Fee Simple Interest in the property at the end of the 120 day period; and WHEREAS, the Agency and sellers have negotiated an Option to Purchase Agreement based upon the fair market value; NOW, THEREFORE BE IT RESOLVED, the Azusa Redevelopment Agency Board of Directors determine the amount of Just Compensation to be $156,000 for the unimproved commercial parcel located 614-620 N. Azusa Avenue and hereby authorizes the Chairman to execute an Option to Purchase Agreement with said owners on behalf of the Agency according to terms specified in exhibit A. APPROVED AND ADOPTED this 6th day of January, 1986 EUGEO F. MOSES CHAIRMAN 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 the 6th day of January, 1986, by the following vote of the Agency: AYES: DIRECTORS : CRUZ, COOK, LATTA, MOSES NOES: DIRECTORS : CAMARENA ABSENT: DIRECTORS : NONE �, /*4 -'/j YZ 0 ADOLP SO S, S TARY 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: Portions of lots 21-26, in block 36 of the Azusa Tract as recorded in Miscellaneous Records Book 15, Pages 93-96 in the office of the County Recorder of Los Angeles County. Improvements Covered by the Offer: The entire subject property is asphalt paved. There are no structures on the site. The site is marked for 40 individual parking spaces. A pole mounted sign states it is a public parking lot. The overall quality of the workmanship and materials found is considered to be average. These improvements are in average condition. Land and above mentioned improvements ......... $156,000.00 Based upon the Fair Market value established by two independent appraisals and the Agency's inspection of the subject parcel, the above mentioned amount is believed to be just compensation for the subject property. The City of Azusa Redevelopment Agency's determination of just compensation is not less than its approved appraisals 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 appraisals 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, lJ 0 tenant and any other party, or parties with interests, must be in full agreement about any apportionment before the Agency can conclude an acquisition. Accordingly, the basis for the determination of just compensation does not include any apportionment for any un -disclosed interest(s) of the type described but rather, reflects a determination based on the Redevelopment Agency of the City of Azusa's review of independent appraisals made on the subject parcels. 0 JOHN CUTLER 8 ASSOCIATES ACQUISITION AGENT'S REPORT DATE: PROJECT: j1Y,20J,4 — Ae,cnvt- ' PARCEL NO: �S/.yG�E��/ NEGOTIATOR ENCLOSED: Agreement of Purchase Grant Deed Rent Statement Receipted Copy of Offer Letter Statement of Identity Quitclaim Deed From. Quitclaim Deed From Tenant to Seller's F & E Quitclaim Deed From Seller to Tenant's F & E Demand/No Demand Letter Z 0074,/J TD laoZ '+6Wi6/ Property Address: 61V -46Z6 /1!. �/ ,/ �/ /T4aw Aje y r T7s�-� 4 Seller's Name: Seller's Address: Po. &x 66'_/j - Phone No. Date Owner Signed /2-/O eQj Date Escrow to Close S0E m/>To+J r- ./ , _ /,// -4i/ Mail check to: BENEFTCTARY - TRUST DEED FIRST }� SECOND Name: / W16 Name: Address: Address: Loan No. Loan No PROPERTY DATA Improvements: (x) Unimproved ( ) Improved - No. Units Manager's Name: �{`��% Phone No. Address: Furniture owned by: Utilities paid by: Tenancy Information (Leases - Month to Month) Disposition Remarks: /20 o�r��J Bftr.r- �r�oo aOJ ro s� 0 • ORIGINAL OPTION TO PURCHASE REAL PROPERTY For the sum of Five Thousand Dollars ($5,000.00)(said Five Thousand Dollars to be applicable to the total purchase price if this option is exercised), the undersigned Sellers hereby grant the City of Azusa Redevelopment Agency an option to purchase the real property commonly known as 614-620 North Azusa Avenue, Azusa, California, upon the following terms and conditions: The City of Azusa Redevelopment Agency (BUYER) hereby tenders as a deposit on account of the purchase price of subject property by authorized check the sum of five thousand dollars ($5,000.00) towards the total purchase price for said property of One Hundred Fifty -Six Thousand Dollars ($156,000.00). If this option is exercised the additional sum of One Hundred Fifty -One Thousand Dollars ($151,000.00) shall be paid into escrow plus such other associated fees as may be necessary or appropriate. /A.( CAMpLiIµJGE tVJr{ Sac zI 4nessar) L,LJYJP J WOOC)3 L97-725,(,_ YO �FJS 7q�D [Idly 2%/l9S.S�"�/"u��/nIitzv� The deposit and balance of the purchase price, together with the instruments to be deposited with Bank of America, Azusa Main Branch, Escrow Department. Said option to purchase shall be for 120 Days from the date of execution of this document. Seller to provide property free and clear of any liens or encumbrances at close of escrow. Sellers hereby agree to waive any and all relocation benefits to which they may be entitled and agree to execute any and all documents necessary to effect said waiver that Buyer may deem necessary or appropriate. O VQ c>'o OM _0pG. 20,tR8� Buyer authorizes check of $5,000.00 to be deposited into Escrow;' At the end of 120 Days from the date of this option agreement, check shall be released to Seller as an option fee except that: (a) Buyer and Seller may agree to an extention of the terms of this option agreement in writing; or (b) Buyer may exercise its right to acquire the subject property under the terms of this agreement in which case said deposit shall remain in escrow until the close of Escrow. If Buyer elects to exercise itsoption to purchase, Buyer agrees to complete the escrow created by this agreement within Thirty Days (30) after the 120 Day option period. BUYER: CHAIRMAN AZUSA RdEVELOPMENT AGENCY DATE: SELLERS:. a W. Singl Robert M. Siug`letofi .Ct' &I Zl« ��//�i�? 1 LGGf�✓v Dorothy A. Sjiigletqff Date: 12///Dl�S E OPTION TO PURCHASE REAL PROPERTY 0 For the sum of Five Thousand Dollars ($5,000.00)(said Five Thousand Dollars tc be applicable to the total purchase price if this option is exercised), the undersigned Sellers hereby grant the City of Azusa Redevelopment Agency an option to purchase the real property commonly known as 614-620 North Azusa Avenue, Azusa, California, upon the following terms and conditions: The City of Azusa Redevelopment Agency (BUYER) hereby tenders as a deposit on account of the purchase price of subject property by authorized check the sum of five thousand dollars ($5,000.00) towards the total purchase price for said property of One Hundred Fifty -Six Thousand Dollars ($156,000.00). If this option is exercised the additional sum of One Hundred Fifty -One Thousand Dollars ($151,000.00) shall be paid into escrow plus such other associated fees as may be necessary or appropriate. (576,f010 .61 VAl- 70Ca�fEx/>� ✓? The deposit and balance of the purchase price, together with the necessary instruments to be deposited with Bank of America, Azusa Main Branch, Escrow Department. Said option to purchase shall be for 120 Days from the date of execution of this document. Seller to provide property free and clear of any liens or encumbrances at close of escrow. Sellers hereby agree to waive any and all relocation benefits to which they may be entitled and agree to execute any and all documents necessary to effect said waiver that Buyer may deem necessary or appropriate. C, Q •ate I/ Buyerauthorizes check of $5,000.00 to be deposited into Escrow. At the end of , W^ 120 Days from the date of this option agreement, check shall be released to Seller as an option fee except that: (a) Buyer and Seller may agree to an extention of the terms of this option agreement in writing; or (b) Buyer may exercise its right to acquire the subject property under the terms of this agreement in which case said deposit shall remain in escrow until the close of Escrow. If Buyer elects to exercise itsoption to purchase, Buyer agrees to complete the escrow created by this agreement within Thirty Days (30) after the 120 Day option period. BUYER: CHAIRMAN AZUSA REDEV LOPMENT AGENCY DATE: SELLERS: /t I Zo 1a W. Singl on V,l ai �a� Robert M. Singleto Dorothy N1 Singleton. Date: --ZZ e) /0s