HomeMy WebLinkAbout425 RDA_CCv0001.pdf RESOLUTION NO. 425
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 0169-151-29)
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
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Resolution No. 425
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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 402 West Stuart Avenue,
Redlands, CA (APN 0169-151-29).
Section 3. The real property sought to be condemned is legally
described as follows:
TRACT NO. 2083 ROGERS TERRACE LOTS 31, 32 AND 33 AND S '/2 ALLEY ADD.
ON N EX HGWY SEE SEPARATE ASSESMENT PER SEC 2188.2 R AND T CODE TAX RATE
AREA 501 PARCEL 05501152.
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.
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
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Resolution No. 425
Page 3
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 1240.6 10.
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:
ATTEST: APPROVED:
Agency Secretary Chairman
Redevelopment Agency of the City of Redevelopment Agency of the City of
Redlands Redlands
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Resolution No. 425
Page 4
STATE OF CALIFORNIA
COUNTY OF SAN BERN ARDINO ) SS
CITY OF REDLANDS
CERTIFICATION OF RESOLUTION
AGENCY BOARD
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 2008.
(seal)
DOCSOC,/1293702\-1/200079-0012
Resolution No. 425
Page 5 i
Exhibit A
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