The URL can be used to link to this page

Home My WebLink About424 RDA_CCv0001.pdf RESOLUTION NO, 424 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS DIRECTING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (APN 0169-151-22) WHEREAS,the Redevelopment Agency of the City of Redlands ("Agency") is a public body corporate and politic organized and operating pursuant to the laws of the State of California, and is authorized to take properties by condemnation and to hold, use and enjoy such properties as necessary to fully exercise its powers; and WHEREAS, the acquisition of certain properties within the Agency's Redlands Redevelopment Project Area is an integral part of Agency Redevelopment goals and objectives and is an integral part of the Redevelopment Plan for the Redlands Redevelopment Project Area ("Redevelopment Plan"). To accomplish the goals and objectives of the Redevelopment Plan, and consistent with the Downtown Specific Plan and the General Plan, the Agency seeks to acquire private property that can accommodate the need of the Redevelopment Plan Project Area ("Project Area"). The elimination of blight,redevelopment of the Project Area, achieving other public purposes, in particular implementing the Redevelopment Plan, requires the acquisition in fee simple, of certain real property and interests therein(the "Project"); and WHEREAS, the Agency is specifically authorized by virtue of Health and Safety Code Sections 33342 and 33391 and other provisions of the statutes of the State of California to take any property or interests in property necessary to carry out the business of the Agency by condemnation, such power to be exercised pursuant to the provisions of section 1230.020 et seq. of the Code of Civil Procedure; and WHEREAS, the legal notice of intention to adopt a resolution of necessity to acquire by eminent domain the hereinafter described property was duly given by the Agency pursuant to and in compliance with the requirements of Code of Civil Procedure Section 1245.235 and which notice advised of a hearing by the Agency on August 5, 2008; and WHEREAS, a public hearing was held by the Agency on August 5, 2008, at which the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: a. Whether the public interest and necessity require the project; and b. Whether the project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; and C. Whether the property sought to be acquired (which is described herein) is necessary for the project; and d. Whether any offer required by Section 7267.2 of the Government Code has been made to the owners of record. WHEREAS, the Agency has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in Section 1240.030 of the Code of Civil Procedure; and DOCSOC/1293762v 1/200079-(X)12 Resolution No. 424 Page -1 WHEREAS, at such hearing, information on the project and the matters set forth in this resolution were presented to the Agency by Agency staff; and WHEREAS, the redevelopment of the site, including but not limited to the development of the Redlands Promenade Shopping Center are within the scope of and consistent with the Downtown Specific Plan and the General Plan; and WHEREAS, on May 15, 2007, the Agency Board as Lead Agency approved certification of the Final Environmental Impact Report ("EIR") for the Project. Also adopted were findings pursuant to the California Environmental Quality Act (CEQA), a Statement of Overriding Considerations and a Mitigation Monitoring and Compliance Program. On July 3, 2007, the City Council also approved an environmental determination for the Redlands Promenade Shopping Center Project. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS THAT: Section 1. The public interest and necessity require the project, i.e. redevelopment of the site, including but not limited to the development of the Redlands Promenade Shopping Center and related purposes, which uses are public uses authorized by law. Health & Safety Code sections 33342 and 33391, among other provisions of the statutes of the State of California, permit and empower this acquisition by the Agency through its exercise of eminent domain for the stated public use. Section 2. The public interest and necessity require the acquisition of the property described herein for the project. The Agency Board finds that the acquisition of the herein described property is necessary to advance the business of the Agency, which property is generally located 509-511 North Eureka Street, Redlands, CA (APN 0169-151-22). Section 3. The real property sought to be condemned is legally described as follows: LOT 34 OF ROGERS TERRACE TRACT NO. 2083, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 30 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. TOGETHER WITH THAT CERTAIN PARCEL OF LAND, FORMERLY CONSTITUTING AN ALLEY, ADJOINING SAID LOT 34 ON THE SOUTH NOW CLOSED, BEING A STRIP OF LAND 10 FEET WIDE AND 120 FEET IN LENGTH, SAID ALLEY NOW CLOSED RAN IN AN EAST-WEST DIRECTION. The location of the real property sought to be condemned is depicted on Exhibit "A" attached to this Resolution and hereby fully incorporated by reference. DOCS001293762v 1120(,X)79-0012 Resolution No. 424 Page 3 Section 4. The offer required by Government Code Section 7267.2 has been made to the owner or owners of record and the Agency has been unable to acquire the property. Section 5. The taking and acquiring by the Agency of property described herein are deemed necessary for redevelopment of the site, including but not limited to the development of the Redlands Promenade Shopping Center, and the project is planned and located in a manner most compatible with the greatest public good and the least private injury. Section 6. As to any portion of the property that is currently appropriated for a public use, the use to which the property is sought to be taken is a more necessary public use and the Agency is empowered to take for a more necessary public use pursuant to Code of Civil Procedure Section 1240.610. Section 7. The Agency finds the EIR, Statement of Overriding Considerations and Mitigation and Monitoring Program adequately address the environmental effects and feasible mitigation measures associated with the acquisition of property described hereinabove, and therefore, as previously considered, is adequate to serve as environmental documentation for the acquisition of the property under CEQA. Section 8. The law firm of Stradling, Yocca, Carlson & Rauth is authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in and for the County of San Bernardino in the name and on behalf of the Redevelopment Agency of the City of Redlands against all owners and persons and entities claiming or having interests in the above described property, for the purpose of performing and carrying out all proceedings and steps, incident to the condemnation and the acquisition of the property, including obtaining warrants for deposit of funds, orders for prejudgment possession, and other steps necessary to acquire the subject property by and for the Redevelopment Agency of the City of Redlands. PASSED, APPROVED, and ADOPTED this 5th day of August, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: DOCSOC/12431 2v 1!2 79-(012 Resolution No, 424 Page 4 ATTEST: APPROVED: Agency Secretary Chairman Redevelopment Agency of the City of Redevelopment Agency of the City of Redlands Redlands DOCS00 I 293762v 1/200079-0012 Resolution No. 424 Page 5 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF REDLANDS CERTIFICATION OF RESOLUTION AGENCY BOARD I, f City of Redlands, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office. WITNESS MY HAND AND THE SEAL OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, on this day of .12008. (seal) DOCSOC,/1293762vl/20C)0'19-0()12 Resolution No. 424 Page 6 Exhibit A Map of Property Par. Rancho San Bernardino, M.B. 7/2 Reaionai City Tax Rate Aria N 1 , €4Efi- .1 LD Iv V U J _ 2� r� • w�f .f .1 M 1 ✓ ,f - - 11.. ,t•.{ Zzo1'lar'f Map �G ?: R7v 1 '< ut i c :o Pfn. V/2, Sic. 27 Book 0169 Pape 15 Y i ! is TAS.. R.3W. Son Bernardino County DOCSOC/1293762v 1!200079-0012