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HomeMy WebLinkAboutResolution No. 3510 0 RESOLUTION NO. 351 RESOLUTION OF THE AZIISA REDEVELOPMENT AGENCY BOARD OF DIRECTORS ESTABLISHING THE AMOUNT OF JUST COMPENSATION FOR A TEN THOUSAND SQUARE FOOT PORTION OF THE LARGER PROPERTY AT THE WESTERLY BOUNDARY OF COMMERCIALLY IMPROVED PROPERTY AT 591-635 EAST FOOTHILL BOULEVARD IN CONJUNCTION WITH THE AZIISA GARDENS PROJECT WHEREAS, a part of the Agency's FY 1986-87 redevelopment efforts include the development of a 112 -unit multi -family residential development in the Central Business District Redevelopment Project Area; and WHEREAS, the acquisition of the two hundred foot by fifty - foot strip of property at the westerly most part of the commercially improved property at 591-635 East Foothill Boulevard is not only consistent with project area goals, but is necessary to provide access for the housing development; and WHEREAS, the California Administrative Code, Title 25, Chapter 6, requires that a Fair Market Value be established by an independent appraiser which serves as the basis for determining the Amount of Just Compensation; and WHEREAS, the improved commercial property located at 591-635 East Foothill Boulevard, owned by Nathan S. Krems and Alan D. Shulman, as Trustees of the Helen Krems Trust, 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 $70,000 as discussed in the Statement of the Basis for Determination of Just Compensation attached hereto as Exhibit A; and WHEREAS, upon completion of formal negotiations, the Agency intends to acquire the subject parcel and obtain the respective fee simple interest: NOW, THEREFORE BE IT RESOLVED, the Azusa Redevelopment Agency Board of Directors determine the amount of Just Compensation to be $70,000 for the ten thousand square foot parcel of real property located at the westerly most part of property at 591-635 East Foothill Boulevard and hereby authorizes staff to commence formal acquisition proceedings. APPROVED AND ADOPTED this 20th day of April , 1987. Ch rman 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 20th day of April , 1987, AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS Z; � Z_/. A d , 0 " & - Secreta AVILA, COOK, CRUZ, LATTA, MOSES NONE NONE 0 0 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: The property that is the northerly 200 feet of the westerly 50 feet in width that extends southerly from Eighth Street, and is part of a larger, irregularly shaped commercial parcel, as identified on attached map. Improvements Covered by the Offer: The 10,000 square feet of land is part of a larger 17.055± acre site that is improved with an older shopping center, a bowling alley, and miscellaneous older restaurant buildings. The 10,000 square feet of land, however, is presently vacant and 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 $70,000 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 Approach was the basic method of estimating value. Since the appraised subject property is part of a larger parcel, the appraisal included an assessment of severance damages. The appraisal report indicated that acquiring the subject property does not damage the remaining larger parcel as to its useability and 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. 0 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. 8608- 30 54EET I CALE Y' = 200 0 CODE 2045 E819 9820 2007 FOR PREV. ASS61'T SEE: a 60 - I, 29 a 29 107 BK. ..esti -Eo —._ j 8625 te: s�3ooi-Esc. J cca•-'� 2,-, .� �:9THw_sr aeol 2045 Bdl9 4819 8820 0 boy `10�II112�,'1R3r lg 15 6� Q 5.1 / F I c+ o as A. r To�:�$�ni�ra. I RY. o } 1 q CIES _ SHEc T•- • a r 2 zaa C w a4 TO1 — n( 1 ire ss �, 01 m � o 8jq_ Acquisition �r 2p° 95 too Parcel o �g 8THST. 87 0 P r, CJO 16'Ze 2, vo 1P Cis a7 O �' 0B6'2 $ L.8 Larger Parcel ° 0 9 v Lia p 4. 276S7i343i �'O 3 29 Z 10 e 2766) a c < 90 I- Q V) I I s> 0 4� • �,0 0 —fv 65 /..E 90E7 HB33 SC ✓39 ees �'I I 67960 o FOOTHILL 591-635 East Foothill BLVD 3 v 1 I 1 2045 8819 _, rOW SB19'jI�8820 \ �<O G s I \ "`c,`i`�, w RANCHO AZUSA FINALLY CONFIRMED TO u y V$ 0 HENRY DALTON _ _ _P 2 _106 -107K � AZUSA 8612 SUBDIVISION NO.2 AZUSA LAND AND CONDOMINIUM WATER CO. M.R.43 - 94 T_RACT_NO. 42109_ _ F.;. B. (014_- 1 -_2 THE LEMON TRACT M.B.l I -108 ASSESSORS NAP COUNTY OF LOS ANGELES, CALIF.