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HomeMy WebLinkAboutResolution No. 06-R39RESOLUTION NO. 06-R39 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, 1240.1 10, 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 110-190 W. 9th Street 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. 1 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 //J J �(p • & GENERAL COUNSEL PASSED, APPROVED AND ADOPTED this 2"d day of October, 2006. 1R� A •kq Im ATTEST: HEREBY CERTIFY that the foregoing resolution No. 06-1139 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 2"d day of October, 2006, by the following vote: AYES: DIRECTORS: HARDISON, CARRILLO, ROCHA, HANKS NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: CHAGNON SECRETARY 2