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HomeMy WebLinkAboutResolution No. 394T,3 RESOLUTION 394 RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF DIRECTORS ESTABLISHING THE AMOUNT OF COMPENSATION FOR THE COMMERCIALLY IMPROVED PROPERTY AND AUTHORIZING THE PURCHASE OF 121 WEST FOOTHILL BOULEVARD IN CONJUNCTION WITH THE PROPOSED CBD -1 DEVELOPMENT WHEREAS, a part of the Agency's FY1987-88 redevelopment efforts include redevelopment of the 9± acre site bounded by Azusa Avenue, Foothill Boulevard, and the AT & SF Railroad in the Central Business District Redevelopment Project Area; and WHEREAS, the acquisition of the property located at 121 West Foothill Boulevard is necessary to assemble the site for redevelopment; and WHEREAS, the California Administrative Code, Title 25, Chapter 6, requires that a Fair Market Value be determined by an independent appraiser which serves as the basis for establishing the amount of Just Compensation; and WHEREAS, the improved commercial property located at 121 West Foothill Boulevard, owned by Martin and Elayne Mayerfeld, 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 was established at $160,000 as discussed in the Statement of the Basis for Determination of Just Compensation attached hereto as Exhibit A; and WHEREAS, the California Administrative Code Title 25, Chapter 6, indicates that the owner of the subject property is not obligated to accept the initial offer, but is entitled to submit evidence as to the amount he believes is the value of the property; and WHEREAS, the owner submitted evidence of a higher value which the Agency has considered; and WHEREAS, the property owner and Agency have negotiated a settlement which is 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 $174,000, 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 17th day of August, 1987. Chai an 1 0 0 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Azusa Redevelopment Agency of the City of Azusa, at a regular meeting thereof held on the 17th day of August, 1987. AYES: BOARD MEMBERS: Avila, Cruz, Latta, Moses NOES: BOARD MEMBERS: None ABSENT: BOARD MEMBERS: Cook Secretary E • EXHIBIT A 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: Lots 5, 6 and 7 of Block 28 of the Azusa Tract per map recorded in Book 15, Pages 93 through 96 in the Office of the County Recorder of Los Angeles County (see attached site map). Improvements Covered by the Offer: The site consists of 6,000 square feet of site area and building improvements of 4,140± square feet. It is a one-story commercial structure constructed in 1920-30. The improvements are in fair condition. Based upon the Fair Market Value established by an independent appraisal and the Agency's inspection of the subject parcel, the amount of $174,000 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 and Income Approaches to value 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 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 Administrative Code, Section 7262 of the California Government Code, Section 1263.010 of the California Code for Civil Procedure 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 undisclosed 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. JJF:RRS/tmb � 813 ls&g'etaj"' c� SCALE 1 E AZUSA AVE. o p s7 60 2 ?s 2S b/3 ZS 2S /SO p 25 94 / I S6 y 1,'5 ib i20 24 23 22 2/ 20 /9 /6 /7 /S /S • So I10 IIl � /5 a a /f a io O e y \�O i 3 I M1 9s -� h I 1 O O 23 i O Ie 4 L /3 23 • 2S n SO I /� /00 "' 6 27 PD P3 30 3/ 132 I 331 34 ISS 36 37 38 = so S i 1 63 i 2 25 25 1 1 /S I /51 25 1 20 2S 2S ory N ' sa 7.7/ I 'es p n \0 1Y 2S ASSESSOR'S MAP �' C 121 W. FOOTHILL BLVD. 2� AZUSA, CALIFORNIA • 60 1=11V.r1z1 N p SAN GABRIEL CODE 2069 AZUSA ' M.R. 15-9,3-96 O p AVE. m D /SO p 3 24 23 22 2/ 20 /9 /6 /7 /S /S • So I10 IIl � /5 a a /f a io O e y \�O X12 � /3 23 • 2S n SO I /� /00 "' p SAN GABRIEL CODE 2069 AZUSA ' M.R. 15-9,3-96 O p AVE. m D