HomeMy WebLinkAboutResolution No. 06-R41RESOLUTION NO. 06-R41
A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY, FINDING
AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF AZUSA FOR REDEVELOPMENT
PURPOSES
THE BOARD OF DIRECTORS OF THE AZUSA REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. That the public interest and necessity require the acquisition of the hereinafter.
described parcel of real property, in fee simple absolute, (the "Subject Property")for a proposed
public project to wit for assemblage for redevelopment purposes and the elimination of blight
(hereinafter, the "Project"), as authorized pursuant to: (1) California Health and Safety Code
sections 33342, 33391; (2) California Code of Civil Procedure sections 1240.010, 1240.110,
1240.120; and, (3) Article 1, section 19 of the Constitution of the State of California.
Section 2. That the Board of Directors of the Azusa Redevelopment Agency (hereinafter, the
"Agency") hereby finds and determines, based on the agenda report, and other testimony and
evidence, that: a. The public interest and necessity require the Project; b. The Project is planned or
located in the manner that will be most compatible with the greatest public good and the least
private injury c. The Subject Property is necessary for the Project; and, d. The offer required by
section 7267.2 of the Government Code has been made to the owner of record of the Subject
Property.
Section 3. That the Agency, in accordance with eminent domain provisions of California
Redevelopment law and the Constitution of the State of California, is hereby authorized and
empowered to acquire by condemnation the Subject Property, which is located at 800-802 N. San
Gabriel in the City of Azusa and further described in Exhibit "A" hereto.
Section 4. That the Agency's legal counsel be, and hereby is, authorized to institute eminent
domain proceedings in the Los Angeles Superior Court of the State of California, for the purposes
set forth above, and to take all action necessary to acquire Subject Property in the name of the
Agency.
Section 5. That the public interest and necessity further require the taking of prejudgment
possession of the Subject Property and the Agency's General Counsel is authorized to institute
proceedings for the taking of prejudgment procession of the Subject Property, upon complying
with the requirements of the law applicable thereto; and that the total sum fixed by the Superior
Court as its order determining and establishing the deposit amount for said prejudgment
possession be deposited into Court, as provided by Code of Civil Procedure section 1255.010, et
seq.
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Section 6. The Agency's General Counsel and counsel designated by her are hereby
authorized to incur, on behalf of the Agency, all necessary expenses for preparation and trial of the
action, including, but not limited to: a. Authorizing additional work by appraisers and consultants
to prepare current appraisal and consultant reports, or to cover additional line or line of inquiry not
covered in the earlier consultant reports; b. Engaging one or more additional appraisers in the event
the Agency's Counsel feels such step is advisable; c. Preparing maps, charts, diagrams,
photographs, printing of Summons and Complaint in the event such printing is necessary, and all
items for use at trial; d. Authorizing payment to appraisers for the time spent on pre-trial
conferences and field trips to inspect Subject Property; e. Incurring such additional expenses
including the cost of providing clerical, paralegal and attorney services on behalf of the Agency as in
the judgment of the Agency's Counsel shall be necessary to the preparation and trial of said
proceedings; and, f. Incurring defendant's "ordinary' court costs (e.g. filing fees), as provided for in
Code of Civil Procedure section 1268.710.
APPROVED AS TO FORM
_AUwit
GENERAL COUNSEL
PASSED, APPROVED AND ADOPTED this 16th day of October, 2006.
CHAIRPERSON �—
ATTEST:
I HEREBY CERTIFY that the foregoing resolution No. 06-1141, was duly adopted by the Board
Members of the Azusa Redevelopment Agency of the City of Azusa at a regular meeting thereof
held on the 16th day of October, 2006, by the following vote:
AYES: DIRECTORS: HARDISON, HANKS, ROCHA, CARRILLO
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: NONE
DIRECTORS: NONE
DIRECTORS: CHAGNON
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• Exhibit A •
LEGAL DESCRIPTION
PARCEL I:
LOTS 43,44 AND 45 IN BLOCK 21 OF THE MAP OF AZUSA, IN THE CITY OF AZUSA, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGES 93
THROUGH 95, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THAT CERTAIN
ALLEY AS SHOWN ON SAID MAP OF AZUSA, INCLUDED WITHIN SAID BLOCK 21, NOW
VACATED BY THE CITY OF AZUSA RESOLUTION NO. 5143, A CERTIFIED OF WHICH WAS
RECORDED NOVEMBER 14, 1966 AS INSTRUMENT NO. 2649 OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 45; THENCE NORTHERLY ALONG
THE WESTERLY LINES OF SAID LOTS 43,44 AND 45 TO THE NORTHWEST CORNER OF SAID
LOT 43; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 43 AND ITS
PROLONGATION TO THE CENTER OF SAID ALLEY; THENCE SOUTHERLY ALONG SAID
CENTERLINE TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHERLY LINE OF
SAID LOT 45; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION AND ALONG SAID
SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL2:
THAT PORTION OF THE RANCHO AZUSA, FINALLY CONFIRMED TO HENRY DALTON, IN
THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 2 PAGES 106 AND 107 OF PATENTS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 45, IN BLOCK 21 OF THE MAP OF
AZUSA, IN SAID CITY, COUNTY, AND STATE, AS PER MAP RECORDED IN BOOK 15 PAGES
93 THROUGH 95, INCLUSIVE OF MISCELLANEOUS RECORDS, IN SAID RECORDER'S
OFFICE; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 45 AND
IT'S PROLONGATION TO THE CENTERLINE OF THAT CERTAIN ALLEY AS SHOWN ON SAID
MAP OF AZUSA INCLUDED WITHIN SAID BLOCK 21; THENCE SOUTHERLY ALONG THE
PROLONGATION OF SAID CENTERLINE TO THE NORTHWESTERLY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AS DESCRIBED IN THE
DEED RECORDED IN BOOK 634 PAGE 131 OF DEEDS, IN SAID RECORDERS OFFICE; THENCE
SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE AND ITS PROLONGATION TO
THE SOUTHERLY PROLONGATION OF THE CENTERLINE OF SAN GABRIEL AVENUE AS
SHOWN ON SAID MAP OF AZUSA; THENCE NORTHERLY ALONG SAID PROLONGATION TO
THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID
HEREINABOVE MENTIONED LOT 45; THENCE NORTHEASTERLY ALONG SAID LAST
PROLONGATION TO THE POINT OF BEGINNING.
END OF LEGAL DESCRIPTION
CLTA Preliminary Repon Forth (Rev 1/1/95)
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