HomeMy WebLinkAboutResolution No. 06-R140 0
RESOLUTION NO. 06-1114
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. (a) That the public interest and necessity require the acquisition of the hereinafter
described parcel of real property,. in fee simple absolute, for a proposed public project to wit for
redevelopment purposes and the elimination of blight (hereinafter, the "Project"), as authorized
pursuant to: (1) California Health and Safety Code Section 33037; (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 Californiax(b) As a minor change to a project whose environmental
impacts have already been studied in accordance with the California Environmental Quality Act, and
said minor changes not having any significant impact on the environment, an Addendum is
concurrently being prepared and approved for the Project defined herein.
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 proposed Project; b. The proposed
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 hereinafter described real property is necessary for the
proposed Project; and, d. The offer required by section 7267.2 of the Government Code has been
made to the owners of record of the hereinafter described real 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 certain interests in real property located in the City of
Azusa as described in Exhibits "A" and "B" hereto.
Section 4. That the Agency's Counsel be, and hereby is, authorized to institute eminent
domain proceedings in the Superior Court of the State of California, for the County of Los Angeles,
for the purposes set forth above, and to take all action necessary to complete the acquisition of the
aforementioned real property in the name of the Agency.
Section 5. That the public interest and necessity further require the taking of prejudgment
possession of the aforementioned real property and the Agency's General Counsel is authorized to
institute proceedings for the taking of prejudgment procession and the use of property herein
ordered to be acquired, 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 security 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 the 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 General 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.
Section 7. The Agency's staff is directed to file the appropriate Notices with the State of
California and County of Los Angeles in accordance with the California Environmental Quality Act.
APPROVED AS TO FORM
GENERAL COUNSEL
PASSED, APPROVED AND ADOPTED this I` day of May, 2006.
CHAIR -PERSON
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ATTEST:
StCRETARY
1 HEREBY CERTIFY that the foregoing resolution 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 1
day of May, 2006, by the following vote:
AYES: DIRECTORS: HARDISON, HANKS, ROCHA, CARRILLO, CHAGNON
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
ABSTAIN: DIRECTORS: NONE
SECRETARY