HomeMy WebLinkAboutResolution No. 08-R70
RESOLUTION NO. 08-R7
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RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY AUTHORIZING THE
CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF AZUSA FOR
ASSEMBLAGE FOR FUTURE REDEVELOPMENT
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 parcels of
real property, in fee simple absolute (the "Subject Properties"), 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 A 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 (the "Agency") hereby finds and
determines, based on the staff 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 Properties are 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 Properties.
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 Properties, which are located at 810 North Alameda Avenue, 858 North
Azusa Avenue, 812 North Azusa Avenue, 801 North Alameda'Avenue; 826 North Azusa Avenue, and
832 North Azusa Avenue, in the City of Azusa, and further described in Exhibit "A - F," 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 Subject Properties in the name of the Agency.
Section 5
That the public interest and necessity further require the tatting of prejudgment possession of the
Subject Property and the Agency's counsel is authorized to institute proceedings for taking
prejudgment possession of the Subject Properties, 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, etseq.
Section 6
That the Agency has complied with California Environmental Quality Act (CEQA). The proposed action
to acquire property is in furtherance of the Merged Central Business District and West End Project
Areas Redevelopment Plan, as amended. The Redevelopment Plan was analyzed under the previously
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certified Environmental Impact Report (Amendments for the Merged Central Business District/West
End Redevelopment Projects, State Clearinghouse No. 2003061073). Per CEQA Guidelines Sections
15180, 15162, and 15163, acquisition of parcels for consolidation and development, and actions to
encourage redevelopment in a redevelopment area were deemed approved at the time of adoption of
the redevelopment plan. No further environmental review is required at this time. When the Agency
considers a development proposal that includes the Subject Properties, or any of them, it will revisit
whether further CEQA review is required.
Section 7
The Agency's legal counsel and counsel designated by Agency's legal counsel 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 Subject Properties;
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.
APPROVED AS TO FORM
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Cou el for the usa R evelopment
Agency
PASSED AND ADOPTED this W day of February, 2008.
oseph R. Rocha, Executive Director
1 HEREBY CERTIFY that the foregoing resolution No. 08-117, was duly adopted by the City of Azusa
at a regular meeting thereof, held on the 19th day of February, 2008.
AYES:
AGENCY MEMBERS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
AGENCY MEMBERS:
NONE
ABSTAI
AGENCY MEMBERS:
NONE
ABSENT.
AGENCY MEMBERS:
NONE
Vera Mendoza, Secretary