HomeMy WebLinkAboutResolution No. 08-R23LJ
RESOLUTION NO. 08-R23
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RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA AUTHORIZING THE TAKING BY EMINENT DOMAIN OF
THE ADVERTISING BILLBOARD LOCATED ON REAL PROPERTY
OWNED BY THE AGENCY
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1
That the public interest and necessity require the acquisition of the hereinafter described
billboard (the `Billboard"), located on property owned by the Redevelopment Agency of the City
of Azusa ("Agency") 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
& Safety Code sections 33342, 33391; (2) California Code of Civil Procedure sections 1240.010,
1240.110, 1240.120; and (3) Article I, section 19 of the Constitution of the State of California.
Section 2
That the Board of Directors of 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 acquisition of the Billboard;
b. The Billboard is located within the proposed Project area, which is planned or
located in the manner that will be most compatible with the greatest public good and the least
private injury;
C. The acquisition of the Billboard 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 Billboard.
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 Billboard, which is located on property owned by
the Agency at 809 North Azusa Avenue in the City of Azusa, and further depicted 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 County Superior Court, for the purposes set forth above, and to
take all action necessary to acquire the Billboard in the name of the Agency.
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Section 5
That the public interest and necessity further require the taking of prejudgment
possession of the Billboard and the Agency's counsel is authorized to institute proceedings for
taking prejudgment possession of the Billboard, 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.
Section 6
The Agency's legal 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 appraisal
and consultant reports, or to cover additional line or lines 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, and reports in the event such
printing is necessary;
d. Authorizing payment to appraisers and consultants for the time spent on pre-trial
conferences and field trips to inspect the Billboard;
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 trial preparation for, 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.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2008.
/�,%,��
//J—Osepfi R. Rocha, Chairperson Redevelopment Agency
ATTEST:
Vera Mendoza, Secretary
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FA
APPROVED AS TO FORM
Counsel for the Redevelopment Agency
of the City of Azusa
I, Vera Mendoza, Secretary of the Redevelopment Agency of the City of Azusa, do
hereby certify that the foregoing Resolution No. 08-R23, of Necessity was duly and regularly
adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on June 2,
2008, by the following vote:
AYES:
DIRECTORS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
DIRECTORS:
NONE
ABSENT:
DIRECTORS:
NONE
ABSTAIN:
DIRECTORS:
NONE
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