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HomeMy WebLinkAboutResolution No. 09-R2RESOLUTION NO. 09-R2 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 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 & 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 Redevelopment Agency of the City of Azusa (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 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 17511 East Arrow Highway, in the City of Azusa, and further described in Exhibit "A," hereto. 40 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 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 counsel is authorized to institute proceedings for taking prejudgment possession 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. 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 certified Environmental Impact Report (Amendments for the Merged Central Business District/West End Redevelopment Projects State Clearinghouse No. 2003041073). 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 Property, 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 Property; 9 0 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 5`h day of January, 2009. a J eph R. Rocha, Chairman ATTEST: Vera Mendoza, Secretary 61 I, Vera Mendoza, Secretary of the Redevelopment Agency of the City of Azusa, do hereby certify that the foregoing Resolution of Necessity No. 09-R2 was duly and regularly adopted by the Azusa Redevelopment Agency at a regular meeting held on January 5, 2009, by the following vote: AYES: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NAYS: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BAORDMEMBERS: NONE i Vera Mendoza, Secretary APPROVED AS TO FORM , Y tGv ice-- 3Y>7 Counsel for the Redevelopment Agency of the City of Azusa 51639.1 0 0 EXHIBIT "A" APN: 8621-024-001 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION, A DISTANCE OF 150.00 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID SECTION, A DISTANCE OF 170.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION, A DISTANCE OF 150.00 FEET TO THE WESTERLY LINE OF SAID SECTION 2; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 170.00 FEET TO THE POINT OF THE BEGINNING. EXCEPT THEREFROM ANY PORTION THEREOF, INCLUDED WITHIN ANY COUNTY ROADS OF RECORD PRIOR TO OCTOBER 7, 1940.