HomeMy WebLinkAboutResolution No. 564RESOLUTION NO. 564
RESOLUTION OF THE AZUSA COMMUNITY REDEVELOPMENT
AGENCY FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR
REDEVELOPMENT PURPOSES AND ALL USES APPURTENANT
TRERETO
THE AZUSA COMMUNITY REDEVELOPMENT AGENCY DOES
HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The Azusa Community Redevelopment
Agency ("Agency") finds, determines and declares:
(a) That the public interest, convenience and
necessity require the acquisition by said Agency of
the fee interest in and to certain hereinafter
described real property for redevelopment purposes
and all uses appurtenant thereto; and
(b) That the project is planned or located in
the manner that will be most compatible with the
greatest public good and least private injury; and
(c) That the property proposed to be acquired
herein is necessary for the project, described in
Subparagraph (a) abuve! and
(d) That the taking of the interest in and to
said real property as above described is necessary
to such use and is authorized by Section 19,
Article I of the California Constitution, Section
16 of Article XVI of the California Constitution,
Section 33000 et seq. of the California Health and
Safety Code, anU SecLions 1240.010 through 1240.050
et sec, of the California Code of Civil Procedure
and all other applicable laws; and
(e) That the offer to purchase required by
California Government Code Section 7267.2 has been
made to the owner of the property to be acquired by
the Agency.
SECTION 2. The Agency hereby declares that it is
the intention of said Agency to acquire said property in its
name in accordance with the provision of the laws of the
State of California with reference to condemnation
procedures.
SECTION 3. That if any of the subject property has
been appropriated to some public use, the public use to
which it is to be applied and taken under this proceeding is
a more necessary and paramount public use.
SECTION 4. Said real property hereinabove referred
tu, the acquisition of which is required by said public
interest, convenience, and necessity for the purposes set
froth in Section 1 hereof, is located in the County of LOS
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Angeles, State of California, and is more particularly
described in Exhibit "A" which is attached hereto and
incorporated herein by reference and made a part hereof. A
map showing the general location of the property sought to
be acquired in this proceeding is marked Exhibit "B"
attached hereto and incorporated herein by reference and
made a part hereof.
SECTION 5. The Agency Attorney and the firm of
Burke, Williams & Sorensen are hereby retained as special
counsel and are authorized and directed to prepare,
institute, and prosecute in the name of the Agency such
proceedings in the proper court having jurisdiction thereof
as may be necessary for the acquisition of said real
property described in Section 4 hereof. Said counsels are
also authorized and directed to obtain an order of Court
granting to said Agency the right of immediate possession
and occupancy of said property.
SECTION 6. The Secretary shall certify to the
adoption of this Resolution.
SECTION 7. This Resolution shall be effective
immediately upon its adoption.
APPROVED AND ADOPTED thisl7th day of April , 1989.
AZUSA COMMUNITY REDEVELOPMENT
AGENCY
By u G�
CHAIRMAN
ATTRgT-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)ss.
CITY OF AZUSA )
1, Adolph A. Solis, Secretary of the
Azusa Community Redevelopment Agency, do hereby certify
under penalty of perjury that the foregoing Resolution No.
564 was duly adopted by the Azusa Community Redevelopment
Agency at a meeting thereof held on the 17th day of
April , 1989, and that the same was adopted by the
following vote, to wit:
AYES,: BOARDMEMBERS: AVILA, STEMRICH, NARANJO,
LATTA, MOSES
NAYES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
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EXHIBIT "A"
[LEGAL DESCRIPTION]
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EXHIBIT "B"
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding by and between ROBERT
E. TALLEY and MARILYN M. TALLEY ("Talleys") and the Redevelopment
Agency of the City of Azusa ("Agency") is dated as of March 20,
1989. The terms of this Memorandum of Understanding shall not be
effective unless or until a judgment is issued by the Superior
Court of Los Angeles County in eminent domain action by the
Agency for acquisition of the subject property.
1. Talleys are the owners of certain real property
located in the Central Business District Redevelopment Project
Area and which is located at 619-621 North Azusa Avenue, City of
Azusa ("Subject Property").
2. Talleys desire to sell the Subject Property to the
Agency and the Agency desires to purchase the Subject Property
upon the following terms:
A. The total compensation shall be One
Hundred Eighty Thousand Dollars
($180,000.00) consisting of real estate
value of One Hundred Forty -Nine Thousand
Seventy -Five Dollars ($149,075.00) and
relocation benefits of Thirty Thousand
Nine Hundred Twenty -Five Dollars
($30,925.00). The real estate value
encompasses the land and building
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improvements value but excludes the
fixtures and equipment value.
B. Talleys will donate the difference
between the fair market appraisal amount
r
for the real estate of $250,000.00 and
the real estate compensation paid by the
Agency to the Talleys ($149,075.00) as a
charitable contribution.
C. Fifty Percent (50%) of the purchase price
shall be paid by Agency within thirty
days (30) of the judcment in the eminent
domain action described in paragraph 3.
D. Fifty Percent (500) of the compensation
shall be paid to Talley upon resale of
the property by the Agency but no later
than December 31, 1989. Interest on this
amount shall accrue at Eleven Percent
(11%) compounded annually.
E. Agency shall perform a fixtures and
equipment appraisal and shall submit a
copy of such appraisal to Talley.
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3. Talley is the elected Treasurer of the City of
Azusa and the appointed Treasurer of the Redevelooment Agency of
the City of Azusa. As a result, Agency shall acquire the Subject
Property pursuant to an eminent domain action filed in the
Superior Court of Los Angeles County. Neither party shall have
any obligation to proceed with the acquisition if the judgment of
the court does not reflect the terms of this Memorandum of
Understanding.
IN WITNESS WHEREOF that the parties have entered into
this Memorandum of Understanding as of March 6, 1989.
REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA
E�,gene F. Moses, Chairman
ATO VED AS TO FORM: G
-61
eter 2.1. Thorson
General Counsel
Roberz E. Talley ——
Marilya'M. Talley
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