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HomeMy WebLinkAbout210 RDA_CCv0001.pdf RESOLUTION NO. 211 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, CALIFORNIA, STATING THE PUBLIC USE FOR WHICH CERTAIN PROPERTY IN THE REDLANDS REDEVELOPMENT PROJECT AREA IS SOUGHT TO BE ACQUIRED AND STATING THE STATUTORY AUTHORITY DESCRIBING SUCH ACQUISITION BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF THE PROPERTY TO BE ACQUIRED; FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE DEVELOPMENT OF THE PROPOSED PROJECT, THAT THE PROPOSED PROJECT IS PLANNED OR LOCATED IN A MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND THE LEAST PRIVATE INJURY, THAT THE PROPERTY HEREIN DESCRIBED IS NECESSARY FOR THE PROPOSED PROJECT, AND THAT THE OFFER REQUIRED BY SECTION 7267 . 2 OF THE GOVERNMENT CODE HAS BEEN MADE TO THE OWNER OF RECORD OF THE SUBJECT PARCEL; AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN AND AUTHORIZING LEGAL COUNSEL FOR THE AGENCY TO OBTAIN AN ORDER FOR IMMEDIATE POSSESSION. WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency" ) has given notice pursuant to Code of Civil Procedure Section 1245, 235 of the hearing on the intention of the Agency to consider the adoption of a Resolution of Necessity relating to the acquisition by eminent domain of certain real property within the Redlands Redevelopment Project Area in the City of Redlands for the purpose of developing a commercial retail and office complex and ancillary pudic improvements within such area, and WHEREAS, said hearing was continued until , and conducted before, the Board of Directors of the Agency on February 21, 1989 , and each person who owns property or a record interest in property sought to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the Agency has considered all matters necessary to be considered and duly presented at said hearing; and WHEREAS, at least two-thirds of the members of the Agency do hereby adopt this Resolution pursuant to Code of Civil Procedure Section 1245 . 230 . NOW, THEREFORE, THE AGENCY DOES HEREBY FIND, DETERMINE, RESOLVE, DECLARE AND ORDER as follows : Section 1: That the hereinafter described real property sought to be taken by eminent do-main is to be used for the development of a commercial retail and office complex and ancillary public improvements (collectively hereinafter referred to as the "Project" ) within the boundaries of the Redlands Redevelopmen't--, Project in the City of Redlands pursuant to, and in implementation of, the Redevelopment Plan for the Redlands Redevelopment- Project, and for any related and incidental improvements described in or required by the Redevelopment Plan or the Redevelopment Disposition and Development Agreement entered into by the Agency and a private redeveloper to implement said Project, which uses are public uses in accordance with the public purposes of federal , state and local laws and regulations, and all other uses consistent and compatible with the development of said commercial retail and office complex and ancillary public improvements . Section 2 : That the provisions of the California Constitution, Article I, Section 19 , and the provisions of CaliforniaHealth and Safety Code Sections 33342 and 33391, et .�e . , authorize the Agency to acquire the real property and any improvements thereon by eminent domain for purposes of redevelopment pursuant to the Redevelopment Plan for the Redlands Redevelopment Project, including those purposes described in Section 1 above. Section 3 : That the fee interest in the property sought to be taken is located in the downtown portion of the City of Redlands within the boundaries of the Redlands Redevelopment Project Area, commonly described as Assessor' s Parcel No. 169-312-002 , which property is more particularly described on the exhibit identified as "A" attached and that said description and map describe the general location and extent of the property to be taken with sufficient detail for reasonable identification. Section 4 : That the Agency further hereby declares, finds, determines and resolves as follows: (a) The public interest and necessity require the proposed Project as herein described; (b) The proposed 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 proposed Project; and (d) The offer required by Section 7267 . 2 of the California Government Code has been made to the owner of record of Assessor' s Parcel No. 169-312-002 . Section 5 : In the event any of the property to be acquired is already appropriated to an existing public use, the 3 - Agency hereby finds and determines that the herein described public use or uses are more necessary than said existing public use, and acquisition hereby is permitted under the provisions of California Code of Civil Procedure Sections 1240 .610 , et seq. Section 6 : That legal counsel for the Agency is authorized to make such minor changes in the description of the property involved herein and in the pleadings to be filed herein as deemed necessary for the conduct of the condemnation action or other proceedings required to acquire said property. Section 7 : That the Agency finds and deter-mines that the purposes for which the herein-described property is to be taken are public purposes and that the uses therefor are authorized by law, and the taking of said property is necessary to such uses. Section 8 : That the Agency hereby authorizes and directs the preparation and prosecution of proceedings in the name of the Redevelopment Agency of the City of Redlands in the Superior Court of the State of California, for the County of San Bernardino, or in any other court having jurisdiction thereof, as may be necessary for the acquisition of the above-described real property by condemnation in accordance with the provisions of the Constitution and the laws of the State of California relating to eminent domain, to obtain an order permitting the Agency, as plaintiff, to take immediate possession of said property for use in the construction and completion of the Project, and to obtain all other proper orders and judgments as may be necessary. - 4 - Section 9 : That legal counsel for the Agency is hereby authorized to prepare and prosecute in the name of the Agency such proceeding or proceedings as are necessary to such acquisition; and to prepare and file such pleadings , documents , briefs and other instruments , and to make such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for the Agency a fee interest in and immediate possession of said real property. By way of inclusion and not limitation, said attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the eminent domain laws of the State of California (Code of Civil Procedure, Title 7 , Chapters 1-12, Section 1230 . 010-1273 . 050 ) . Section 10 : That the deposit in court and/or payment of money out of proper funds of the Agency for probable lust compen- sation according to law, for jury 'Lees, reporter' s fees, and other litigation expenses , is hereby authorized. ADOPTED, SIGNED, APPROVED AND EFFECTIVE this 21stdav of E e h ru,-Lr_y__, 1909 . Chairman, Redevelopment- Agency of the City of Redlands ATTEST: 8-6cr2t�_ry, Red W- e opment Agency , ._4 of t City of- Redlands AP,gROVED AS TO X, Best, Best& rieger Agency Counsel 5 Lie Povzer Secretary of the Redevelopment Agency of the City of Redlands, California, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Redevelopment Agency of said City at its meeting held on the 21st day Of February 1989, by the following vote, to-wit: Members Wormser, DeMirjyn, Johnson, Cunningham Ayes : Chairman Beswick Noes: None Absent: None IN WITNESS WHEREOF, I have hereunder set my hand and affixed the official seal of Redevelopment Agency of the City of Redlands, California, this 21st day of February 1989 . Sec'teta ,ky, Redeve ment Agency of the 'City of Redlands - 6 - EXHlBIT "A" Legal Description That certain real property situated in the State of California, County of San Bernardino, described as follow: NO. 2: That portion of Block "D", as shown on the map showing avenues and streets in the North one-half of the North one-half of the South one-half of Lots 29 and 30, Block 77, of the Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 6, of Maps, Page(s) 41, in the office of the County Recorder of said county, that is bounded on the North by the South line of the property conveyed to K. C. O'Bryan, L.A. Turner and John Curci, co-partners, doing business under the firm name of Allied Land Co., recorded November 6, 1947, in Book 2100, Page 11, official Records; and bounded on the South by the South line of the property described as Parcel No. 1 in the Deed to the Southern California Railway Company, a corporation, recorded April 8, 1898, in Book 249, Page 190, of Deeds. _PA-RCELNO. 3. All that portion of the East half of Block "D" in the City of Redlands, County of San Bernardino, State of California, (said Block nD" being bounded on the North by the Right of Way of said Rail Co y, on the East by Seventh Street, on the South by Redlands Avenue, and on the West by Sixth Street) , described as follows: All that part of said East half of Block "D" which is included between the South line of that certain 15.0 foot strip described first in the Deed from Earl Fruit Company to Southern California Railway Conpany, recorded in Book 249 of Deeds, Page 190, records of said county, and a line that is 8.5 feet southerly at right angles from, and parallel to the center line of a spur track of the Atchison Topeka and to Fe Railway Company, said centerline of proposed spur through the East half of said Block "D" being described as follows: Beginning at a point in the North and South centerline of said Block "D" distant 5.5 feet southerly at right angles from and parallel to the South line of said first described 15.0 foot strip of land; thence Easterly parallel to the South line of said first described 15.0 foot strip of land, a distance of 80.8 feet; thence Easterly on a tangent curve concave to the North with a radius of 398.94 feet a distance of 58.4 feet to a point in the East line of said Block "D" distant 143.23 feet southerly from the Northeast corner of said Block "D", excepting therefrom all that portion which is included in the strip described second in said Deed from Earl Fruit Company, to Southern California Railway Company. Said Deed being recorded January 18, 1915 in Book 562 Page 24 of Deeds, San Bernardino County records. Exhibit A Page 1 of 3 PARCEL 140. 4: All that certain strip of land situate in the West half of Block "D" according to map showing avenues and streets in the North half and the North half of the South half of Lots 29 and 30, Biock 77 of the Rancho San Bernar- dino, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 6 Page 41 of Records of said county, bounded by Sixth Street and Seventh Street, Park Avenue and Redlands Avenue, said strip of land being all that part of said West half of said Block "D" lying between the South line of that certain 15 foot strip described first in a Deed from the Earl Fruit Company to the Southern California Railway Cbmpany, recorded in Book 249 of Deeds, Page 190, records of said county, and a straight line which intersects the East line of said Block "D" at a point distant 155.9 feet South of the Northeast corner of said Block "D" and intersects the West line of said Block "D" at a point distant 154.9 feet South of the Northwest corner of said Block "D" and being a strip of land 138.86 feet long by 14 feet wide. Saving and excepting therefrom the West 12 feet of said strip of land. Said land being described in Deed recorded June 4, 1915 in Book 573 Pace 109 of Deeds, records of San Bernardi-no County. Fxhibit A Page 2 of 3 Por. Rancho San i 1 M.B. 7/�2 '`?Msabtte�atrow.aMtoaWlaf�ia+dMtbnl�awetia. to sMftft NOW Q"w WtoeMi.It b not•Ow".mwo Oft PW Is begmed to be mmot,Ow Coapw<1gr arawtw no kabORy iot&w lon 000u"ter roelw of mtlooalheewe CHICAGO tl1LE-tM8URANCt OOMPAW I .._. I 23 j PARK 17 275./5• ;, (VACATED) !O MAP 80446-107H PAP,13 h �• MAP 8044.364070 ' PAR. NO.1 7 5� IMAP 804-36-10TH ( e 1 PAR.NO.14 MNL-RTS.ONLY 1 . 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