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HomeMy WebLinkAboutResolution No. 3050 0 RESOLUTION NO. 305 RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF DIRECTORS ESTABLISHING THE AMOUNT OF JUST COMPENSATION FOR THE UNIMPROVED PROPERTY AT THE INTERSECTION OF AZUSA AVENUE, SAN GABRIEL AVENUE, AND SIERRA MADRE AVENUE WHEREAS, the Five -Year Capital Improvement Program directs acquisiton of certain properties to implement realignment of San Gabriel Avenue; and WHEREAS, the California Administrative Code, Title 25, Chapter 6, requires that a Fair Market Value be established by an independent appraisal which then serves as the basis for determining the Amount of Just Compensation; and WHEREAS, the unimproved property located at the intersection of Azusa Avenue, San Gabriel Avenue, and Sierra Madre Avenue, owned by Benjamin Cunningham et al, has 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 $3,180; and WHEREAS, the California Administrative Code Title 25, Chapter 6, indicates that the owner of the subject property is not obligated to accept the above mentioned value and is entitled to present evidence as to the amount they believe is the value of the property; and WHEREAS, the owners and Agency have negotiated a purchase price acceptable to both parties based upon a number of circumstances; NOW, THEREFORE BE IT RESOLVED, the Azusa Redevelopment Agency Board of Directors determines the amount of Just Compensation to be $6,000 for the property illustrated on Exhibit 1 attached hereto, and hereby authorizes the purchase of property at the said purchase price, and directs the Chairman to execute the appropriate documents. APPROVED AND ADOPTED this 6th day of October , 1986. EUG /� - - M LU%— 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 October 1986, by the following vote of the Agency: AYES: BOARDMEMBERS: AVILA, NOES: BOARDMEMBERS: NONE ABSEARDMEMBER--S: LATTA ADOLPH SO IS SECRETARY COOK, CRUZ, MOSES EXHIBIT 1 STATEMENT OF THE BASIS FOR THE DETERMINATION OF JUST COMPENSATION The Determination of Just Compensation is based upon the Fair Market Value established by a qualified independent appraiser. 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: See Exhibit A attached hereto. Based upon the Fair Market Value established by an independent appraisal 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 appraisal of the Fair Market Value of the property. The Market Data Approach was the basic method 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 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 Chapter 6, Title 25 of the California Administration Code, Section 7262 of the California Government Code, Section 1263.010 of the California Code for 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. 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. EXHIBIT A LEGAL DISCRIPTION That portion of Rancho Azusa as confirmed to Henry Dalton, in the City of Azusa, in the County of Los Angeles, State of California, as shown on map recorded in Book 2, Pages 106 and 107 of patents, in the Office of the County Recorder of said County as described in the deed to the State of California, recorded January 18, 1937 as Instrument No. 660 in Book 14740 Page 14 of Official Records, included within the following described lines: Beginning at a point in the southerly line of the land described in the Deed to the County of Los Angeles, recorded October 12, 1891 as Instrument No. 20 in Book 752 Page 53 of Deeds in said county, said point being distant thereon South 89 degrees 12 minutes 56 seconds west 92.05 feet from the center line of San Gabriel Canyon Road (100 feet wide) as described in said deed to the State of California, thence north 0 degrees 47 minutes 04 seconds west 55 feet to a point in the easterly prolongation of the northerly line of the land described in Parcel A in the Deed to the City of Azusa recorded May 12, 1965 as Instrument No. 3289 of Official Records of said county, said point being also the beginning of a tangent curve concave northwesterly and having a radius of 15.00 feet, thence northeasterly along said curve through central angle of 7 degrees 26 minutes 28 seconds, an arc distance of 4.57 feet to the true point of beginning, thence continuing along said curve through central angle of 101 degrees 17 minutes 26 seconds, an arc length of 26.52 feet, thence north 29 degrees 30 minutes 58 seconds west 47.46 feet, thence north 35 degrees 06 minutes 48 seconds west 178.29 feet to a point of the southewesterly line of said herein above mentioned deed to the State of California; thence along said southwesterly line as follows southeasterly along a non -tangent curve concave northeasterly and having a radius of 3050.00 feet through central angle 1 degrees 05 minutes 09 seconds, an arc distance of 57.80 feet thence south 29 degrees 30 minutes 58 seconds east 181.81 feet to the true point of beginning.