HomeMy WebLinkAboutContracts & Agreements_98a-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1210512007
LARRY WALKER 1:41
:1 PM
MP
Auditor/Controller — Recorder
Recording Requested by
and When Recorded Return to: ,71 ' P Counter
CityClerk Doc#: 2007 0680912 Titles: 1 Pages: 7
Fees 0.00
Ci of Redlands
�3 Taxes 0,00
335 Cajon Street I Other 0.00
P.O. Box 3005 PAID $0.00
Redlands, CA 92630
Exempt from recording fees pursuant to Government Code Section 27383
REVISED STATEMENT OF PROCEEDINGS
This following Revised Statement of Proceedings is provided pursuant to Section 33373 of the
California Health and Safety Code with respect to the Redevelopment Plan ("Redevelopment
Plan") for Redlands Redevelopment Project Area, as amended:
THE PROPERTY THAT IS THE SUBJECT OF THIS STATEMENT IS
LOCATED WITHIN A REDEVELOPMENT PROJECT AREA, MORE SPECIFICALLY
CALLED THE REDLANDS REDEVELOPMENT PROJECT AREA. A DESCRIPTION
OF THE LAND WITHIN THE PROJECT AREA IS PROVIDED AS EXHIBIT "A" AND
A MAP OF THE PROJECT AREA IS PROVIDED AS EXHIBIT "B".
1. Pursuant to the Redevelopment Plan, proceedings have been instituted with respect to
implementing the Redevelopment Plan for Redlands Redevelopment Project Area, as
amended. In furtherance thereof, all of the property located within the Redlands
Redevelopment Project Area, as amended, is subject to the Agency's power of eminent
domain in accordance with the provisions therefor described within the Redevelopment
Plan.
2. The Eminent Domain Program for the Redevelopment Agency of the City of Redlands is
as follows:
"It is in the pubic interest and is necessary in order to execute this Plan for the power of
eminent domain to be employed by the Agency to acquire real property in all portions of
the Original Project.Area and Added Area No. 1. The Agency shall strictly adhere to the
following in assessing just compensation and damages to affected owners: The Fifth
Amendment to the United States Constitution, Article 1, Section 19 of the California
Constitution, the Eminent Domain Law (California Code of Civil Procedure Section
1230.010, et seq.), the California Relocation Assistance Act (California Government
Code Section 7260, et seq.), implementing rules and regulations (Title 25, California
Code of Regulations) and such other applicable local, state or federal ordinances, statutes,
RVPUWDLAWRENCEHUGHES 732451.1
rules, regulations and decisional laws. The Agency shall assess the payment of fair
market value for interests in real property, payment for the taking and damaging of
improvements, fixtures and equipment, any diminution in value caused to a remainder of
property acquired pursuant to a resolution of necessity, relocation benefits and assistance.,
loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss
of business goodwill."
3. The Redevelopment Plan authorizes the Agency's use of the power of eminent domain
with respect to the Redlands Redevelopment Project Area, as amended.
4. The Agency's power of eminent domain with respect to the Redlands Redevelopment
Project Area expires on December 19, 2012, unless extended pursuant to further
amendment of the Redevelopment Plan.
Date: September 18, 2007
Z-
J�n�Harrison, Mayor
Attest:
Lorrie Payzer
City Clerk of the City of Redlands, California
Exhibit A: Legal Description of the Redlands Redevelopment Project Area and Added Area No. I
Exhibit B: Map of the Redlands Redevelopment Project Area and Added Area No. 1
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and.
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 18, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ Xj personally known to me - or - f ) proved to me on the basis of satisfactory evidence to
be the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity,upon behalf of which the persons acted, executed the instrument.
1S\0%%W'III 11111fIll, WITNESS my hand and official seal.
,\ 0� RED 4 -42
A .......
LORRIE POYZER,CITY CLERK
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111000 Teresa Ballinger, Assistant City(qerk
(909)798-7531
–—–—--------------—---------—---------------——--
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Revised Statement of Proceedings
Date of Document: September 18,2007
Signer(s)Other Than Named Above: N/A
)riginal -Redlands Redevelopment Project EyMbit..A,. Book 8878
area and Added Area No. 1 Page 702
Description of Project
The project boundaries are shown on Exhibit "A" attached hereto
and made a part hereof, and are described as follows:
That portion of land, in the City of Redlands, County of San
Bernardino, State of California, lying within the following
,described Boundary;
Beginning at the intersection of the Northeasterly right-of-way
line of State Highway No. 26 also known as interstate 10 with the
centerline of Church Street; thence Southerly, along said centerline
of Church Street to the intersection with the centerline of Citrus
Avenue; thence Westerly along said centerline of Citrus Avenue to
the intersection with the centerline of Olive Avenue; thence South-
westerly along said centerline of Olive Avenue to the intersection
with the centerline of Sixth Street; thence Northwesterly along
said centerline of Sixth Street to the intersection with the
centerline of Vine Street; thence Westerly along said centerline
of Vine Street to the intersection with the centerline of . Eureka
Street; thence Northwesterly along said centerline of Eureka Street
to the intersection with the centerline of Citrus Avenue; thence
Westerly along said centerline of Citrus Avenue to the intersection
with the centerline of North Eureka Street; thence Northerly along
said centerline of North Eureka Street to the intersection with the
centerline of alley, said centerline of alley being parallel with
and 165 feet more or less South of the centerline of State Street;
thence Westerly along said alley to the point of intersection with
the centerline of First *Street, said point also being the inter-
section of the centerline of Citrus Avenue with the centerline of
First Street; thence Westerly along said centerline of Citrus Avenue
to the intersection with the centerline of alley; thence Southwesterly
along said centerline of alley to the intersection with the centerline
of San Gorgonio Drive; thence Northwesterly along said centerline of
San Gorgonio Drive to the intersection with the centerline of Buena
Vista Street; thence Northwesterly along said centerline of Buena
Vista Street to the intersection with the centerline of Texas Street ;
thence Northeasterly along said centerline of Texas Street to the
intersection with the centerline of State Street; thence Westerly
and Southwesterly along said centerline of State Street to the
intersection with the centerline of Center Street; thence South-
easterly along said centerline of Center Street to the intersection
with the centerline of alley, said centerline of alley being 300
feet Northwesterly of the centerline of Brookside Avenue; thence
Southwesterly along said centerline of alley to the intersection
with the centerline of Ash Street; thence Southeasterly along said
centerline of Ash Street to the intersection with the centerline of
Palmbrook Drive; thence Southerly, Westerly and Northerly along said
centerline of Palmbrook Drive to the intersection with the centerline
of Pine Avenue; thence Westerly along said centerline of Pine Avenue,
said centerline of Pine Avenue being the centerline of Orange Avenue
West of Tennessee Street, to the intersection with a line parallel
with and 660 feet more or less West of the centerline of Tennessee
Book 8878
Page 703
Street, said parallel line being the City of Redlands boundary
line; thence Northerly along said City of Redlands boundary line
to the intersection with a line parallel with and 660 feet more
or less North of the centerline of orange Avenue, last said
parallel line being the City of Redlands boundary line; thence
Westerly along last said City of Redlands boundary line to the
intersection with the centerline of Kansas Street; thence '
Northerly along said centerline of Kansas Street to the inter-
section with a line parallel with and 330 feet more or less North
of the centerline of Citrus Avenue, last said parallel line being
the City of Redlands boundary line: thence Easterly along last said
City of Redlands boundary line to the intersection with a line
parallel with and 660 feet more or less West of the centerline of
Tennessee Street, last said parallel line being the City of Redlands
boundary line; thence Northerly along last said City Of Redlands
boundary line to the intersection with the centerline of Park
Avenue; thence Westerly along said centerline of Park Avenue to
the intersection with the centerline of Kansas Street; thence
Northerly along said centerline Of Kansas Street to the inter-
section with the centerline Of Redlands Boulevard; thence North-
westerly along said centerline of Redlands Boulevard to the
intersection with the centerline of Alabama Street; thence Southerly
along said centerline of Alabama Street to its intersection with a
line parallel with the North line of Block 12 of Barton Ranch as
recorded in Book 6 of Maps, Page 19 in the office of the County
Recorder of said County and State ; last said parallel line being
450.25 feet as measured northerly along the West line of the East
1/2 of said Block 12 from the intersection of the centerline of
Park Avenue with last said West line; thence Westerly along last
said parallel line to its intersection with said West line of the
East 1/2 of Block 12; thence Northerly along last said West line
and its northerly prolongation thereof to its intersection with
the centerline of Colton Avenue (now known as Redlands Boulevard)
lost said intersection being a point on the City of Redlands
Boundary line; thence Easterly along last said City of Redlands
Boundary line to its intersection with the centerline of Alabama
Street; thence Northerly along said centerline of- Alabama Street
to the intersection with the Westerly prolongation of the South
right-of-way line of State Highway No. 26, also known as Interstate
10, thence Easterly along said Westerly prolongation of the South
right-of-way line of State Highway No. 26 and the South right-of-way
line of State Highway No. 26 to the intersection with a line parallel
with and 1320 feet more or less East of the centerline of Alabama
Street, last said parallel line being the City of Redlands boundary
line; thence Northerly along last said City of Redlands boundary
line to the intersection with the centerline of Lugonia Avenue;
thence Easterly along said centerline of Lugonia Avenue to the
intersection with the Northerly prolongation of the centerline of
New York Street; thence Southerly along said Northerly prolongation
of the centerline of New York Street to the intersection with a
line parallel with and 660 feet more or less North of the centerline.
of Brockton Avenue7 thence Easterly along last said parallel line
to the intersection with a line parallel with and 660 feet more or les!
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Book 8878
Page 704
East of said Northerly prolongation of the centerline of New
York Street; thence Southerly along last said parallel line to
the intersection with the centerline of Brockton Avenue ; thence
Westerly along said centerline of Brockton Avenue to the inter-
section with the centerline of New York Street; thence Southerly
along said centerline of New York Street to •the intersection with
the centerline of Colton Avenue; thence Easterly along said
centerline of Colton Avenue to the intersection with the center-
line of Sixth Street; thence Southerly along said centerline of
Sixth Street to the intersection with the North right-of-way line
of State Highway No. 26, also known as Interstate 10; thence
Southeasterly along said North right-of-way line of State Highway
No. 26 to the point of beginning.
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CityOf Redlands a1 / / Agency
Redlands Redevelopment Project Bounda"-Map
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AGENDA ITEM NO. - I
— MEETING OF 6105107
REQUEST FOR COUNCIL ACTION
SUBJECT: Amendment of the Redevelopment Plan for the Redlands
Redevelopment Project Area.
MOTIONS:
1. Mayor, request City Clerk to read Ordinance title.
2. 1 move that the City Council waive further reading of
Ordinance No. 2666 in full and that the City Council introduce
for first reading Ordinance No. 2666 amending the
Redevelopment Plan for the Redlands Redevelopment Project
Area to adopt an eminent domain program.
3. 1 move to authorize and direct staff to record a Revised
Statement of Proceedings as soon as feasible, but not later
than December 31, 2007.
BACKGROUND:
The Redevelopment Agency of the City of Redlands (the "Agency") is a
community redevelopment agency organized and existing under the California
Community Redevelopment Law (Health and Safety Code § 33000, et seq.) (the
"CRL") and has been authorized to transact business and exercise the powers of
a redevelopment agency pursuant to action of the City Council (the "City
Council") of.the City of Redlands (the "City"). Pursuant to § 33342.7 of the CRL
(which was added by Senate Bill 53, which became effective on January 1,
2007), each redevelopment agency that adopted a final redevelopment plan
before January 1, 2007, must adopt, prior to July 1, 2007, an ordinance that
contains a description of an agency's program to acquire real property by
eminent domain. As a consequence, staff and special counsel have prepared
the attached Ordinance, which complies with these new provisions of the CRL. It
is, therefore, recommended that the City Council introduce Ordinance No. 2666
during its meeting of June 5, 2007 and adopt it during its meeting of June 19,
2007.
In addition, pursuant to CRL § 33373 (c) (which was added by Senate Bill 1809,
which became effective on January 1, 2007), prior to December 31, 2007, the
Agency shall cause to be recorded with the County Recorder of the County of
San Bernardino a description of the land within the Original Project Area and
Added Area No. 1 and a statement that redevelopment proceedings have been
instituted ("Revised Statement of Proceedings"). Further, CRL § 33373(d)
SB 53(kd+nance SR,,6-54,7
Page 2
requires the recordation of the Revised Statement of Proceedings prior to the
Agency's commencement of any future eminent domain actions. Therefore, staff
and special counsel have prepared the attached Revised Statement of
Proceedings that is suitable for recordation. The above provided motion will
authorize and direct staff to record the Revised Statement of Proceedings as
soon as feasible, but not later than December 31, 2007.
ALTERNATIVES:
The Agency Board may wish to provide alternate direction to staff.
FISCAL IMPACT:
The recommended City Council actions are procedural in nature and provide a
means of complying with recent amendments to the CRL. Other than the time of
staff and special counsel, there are no fiscal impacts related to this matter.
RecommRj)cbed by: Reviewed by:
End e HiSrtinez L,) Dan'McH6gk
City eager City Attorney
Pr par d by:
even )4. duke
tedm Redevelopment Director
Attachments:
Ordinance No. 2666
Revised Statement of Proceedings
ORDINANCE NO. 2666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA, AMENDING THE REDEVELOPMENT
PLAN FOR THE REDLANDS REDEVELOPMENT PROJECT AREA TO
ADOPT AN EMINENT DOMAIN PROGRAM
WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a
community redevelopment agency organized and existing under the California Community
Redevelopment Law (Health and Safety Code Sections 33000, et seq.) (the "CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency pursuant to
action of the City Council (the"City Council")of the City of Redlands(the"City"); and
WHEREAS, pursuant to Ordinance No. 1500 adopted on September 26, 1972, and in
accordance with the provisions of the CRL, the City Council of the City approved and adopted
that certain Redevelopment Plan ("Redevelopment Plan") for the Redlands Redevelopment
Project Area ("Original Project Area"): and
WHEREAS, the Redevelopment Plan was subsequently amended pursuant to Ordinance
No. 1575 on February 17, 1976, to add certain territory ("Added Area No. I") to the Original
Project Area; and
WHEREAS, on December 16, 1986, the City Council adopted Ordinance No. 1974,
which amended the Redevelopment Plan to set limits on the receipt of tax increment funds, the
time for the establishment of indebtedness payable from tax increment funds and the timeframe
for the commencement of eminent domain proceedings; and
WHEREAS, on November 5, 1996, the City Council adopted Ordinance No. 2336, which
amended the Redevelopment Plan to bring it into conformance with the provisions of Assembly
Bill 1290; and
WHEREAS, on December 19, 2000, the City Council adopted Ordinance No. 2464,
which amended the Redevelopment Plan to reauthorize the power of eminent domain for non-
residential real property; and
WHEREAS, on October 7, 2003, the City Council adopted Ordinance No. 2556, which
amended the Redevelopment Plan to expand the power of eminent to all real property; and
WHEREAS, on November 4, 2003, the City Council adopted Ordinance No. 2560, which
extended the effectiveness deadline and the deadline to repay indebtedness with respect to the
Redevelopment Plan for the Original Project Area and Added Area No. I by one year, pursuant
to CRL § 33333.6(e)(2)(C); and
WHEREAS, on April 17, 2007, the City Council adopted Ordinance 2657, which
extended the effectiveness deadline for the Original Project Area and Added Area No. I by two
RVPUB11 DLAWRENCEHUGHE5\73245 1.1
years and extended the latest dates on which the Agency shall pay indebtedness with respect to
the Original Project Area and Added Area No. I by two years; and
WHEREAS, the Agency is engaged in activities necessary to carry out the
Redevelopment Plan, as amended; and
WHEREAS, pursuant to CRL § 33342.7, prior to July 1, 2007, the legislative body of the
Agency is required to adopt an ordinance containing a description of the Agency's eminent
domain program ("Eminent Domain Program") for the Original Project Area and Added Area
No. 1; and
WHEREAS, pursuant to Ordinance No. 2464, adopted on December 19, 2000, Section
D.2 of the amended Redevelopment Plan authorized the Agency to acquire certain real property
in the Original Project Area and the Added Area No. 1, excepting property on which persons
resided, by eminent domain for twelve (12) years following the date of the adoption of
Ordinance No. 2464; and
WHEREAS, pursuant to Ordinance No. 2556 adopted on October 7, 2003, the City
Council subsequently authorized the Agency to acquire certain real property by eminent domain,
including but not limited to property upon which persons reside; and
WHEREAS, in conformance with Ordinance No. 2464, the deadline to acquire real
property in the Original Project Area and the Added Area No. I pursuant to the use of the power
of eminent domain is December 19, 2012, and such deadline has not been extended by the
Agency; and
WHEREAS, it is the intent of City Council, as the legislative body of the Agency, to
promote effective redevelopment and to discourage abuses of eminent domain powers; and
WHEREAS, the Agency intends to comply with all applicable laws relating to payment
of fair market value, relocation expenses, loss of business goodwill and such other damages as
may be allowed by law when property is taken by eminent domain; and
WHEREAS, the City now desires to adopt an Eminent Domain Program describing the
Agency's program to acquire real property by eminent domain in the Original Project Area and
Added Area No. I including any limitations on the Agency's exercise of the power of eminent
domain in the Original Project Area and Added Area No. 1; and
WHEREAS, City staff has determined that the approval and adoption of this Ordinance
does not constitute an approval of any specific program, project or expenditure and does not
constitute a project with in the meaning of the California Environmental Quality Act (Public
Resources Code§ 2 1000)("CEQA"); and
WHEREAS, pursuant to the foregoing, City staff has determined that a notice of
exemption ("Notice of Exemption") for the approval of this Ordinance should be filed -with the
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RVPU BNDLAWRENCEHUGHES1730748,I
County of San Bernardino, pursuant to CEQA, the State CEQA Guidelines and the City's Local
CEQA Guidelines.
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of
this Ordinance.
Section 2. Pursuant to CRL § 33342.7, the Redevelopment Plan is hereby amended
to add the Eminent Domain Program for the Original Project Area and the Added Area No. I
within the territorial jurisdiction of the City by adding the following as the second paragraph of
Section D.2 of the Redevelopment Plan, as amended:
"It is in the pubic interest and is necessary in order to execute this Plan for the
power of eminent domain to be employed by the Agency to acquire real property in all
portions of the Original Project Area and Added Area No. 1. The Agency shall strictly
adhere to the following in assessing just compensation and damages to affected owners:
The Fifth Amendment to the United States Constitution, Article 1, Section 19 of the
California Constitution, the Eminent Domain Law (California Code of Civil Procedure
Section 1230.010, et seq.), the California Relocation Assistance Act (California
Government Code Section 7260, et seq.), implementing rules and regulations (Title 25,
California Code of Regulations) and such other applicable local, state or federal
ordinances, statutes, rules, regulations and decisional laws. The Agency shall assess the
payment of fair market value for interests in real property, payment for the taking and
damaging of improvements, fixtures and equipment, any diminution in value caused to a
remainder of property acquired pursuant to a resolution of necessity, relocation benefits
and assistance, loss of business goodwill in appropriate cases and the necessary costs of
mitigating a loss of business goodwill."
Section 3. Except as amended by this Ordinance, the Redevelopment Plans for the
Original Area and Added Area No. I are unchanged and in full force and effect in accordance
with their terms.
Section 4. If any part of this Ordinance is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, for any reason, such decision shall not affect the
validity of the remaining portions of this Ordinance and this City Council hereby declares that it
would have passed the remainder of this Ordinance if such invalid or unconstitutional portion
thereof had been deleted.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after
passage.
Section 6. The City Clerk shall certify to the passage of this Ordinance and is hereby
directed to publish or post this Ordinance in accordance with law.
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RVPUBDLAWRENCEHUGHES�730748.I
Section 7. The enactment of this Ordinance is not a project pursuant to the California
Environmental Quality Act (Public Resources Code Section 21000 et seg.) and CEQA
Guidelines (14 California. Code of Regulations Section 15000 et sed,.). Because enactment of
this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to
CEQA Guidelines Section 15061(b)(3), and staff is directed to file a Notice of Exemption with
the County Clerk pursuant to CEQA Guidelines Section 15062 within five days of the adoption
date of this Ordinance.
PASSED AND ADOPTED this day of_, 2007.
Jon Harrison, Mayor
ATTEST:
Lorrie Poyzer, City Clerk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the —th day of
2007, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lorrie Poyzer, City Clerk
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