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Home My WebLink About202 RDA_CCv0001.pdf RESOLUTION NO. 202 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, CALIFORNIA, STATING THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES IN THE REDLANDS REDEVELOPMENT PROJECT AREA ARE SOUGHT TO BE ACQUIRED AND STATING THE STATUTORY AUTHORITY DESCRIBING SUCH ACQUISITION BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF THE PROPERTIES 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 NOT .BEEN MADE TO THE OWNER OR OWNERS OR RECORD OF THE SUBJECT PROPERTIES BECAUSE SUCH OWNER OR OWNERS CANNOT BE LOCATED WITH REASONABLE DILIGENCE; 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 Cade 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 constructing certain flood control channel improvements and ancillary public improvements within such area; and WHEREAS, said hearing was held and conducted before the Board of Directors of the Agency on May 5, 1957, at the time and place indicated in the notice of hearing, 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 domain is to be used for the development of a commercial retail and office complex and the construction, operation, and maintenance of a flood control channel and ancillary public improvements (collectively hereinafter referred to as the "Project" ) within the boundaries of the Redlands Redevelopment 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 Redevelop- ment Plan or the Redevelopment Disposition and Development Agreements 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 - 2 - the development of said commercial retail and office complex and the construction, maintenance, and operation of said flood control channel improvements and ancillary public improvements . Section 2: That the provisions of the California Constitution, Article I, Section 19 , and the provisions of California Health and Safety Code Sections 33342 and 33391, et 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 parcel sought to be taken is located in a downtown portion of the City of Redlands within the boundaries of the Redlands Redevelopment Project Area, commonly described as Assessor' s Parcel No. 169- 311-15, which parcel is more particularly described on the exhibit identified as "A" attached hereto and shown on the map attached hereto as Exhibit "B" 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; - 3 - (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the leas-t- 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 not been made to the owner or owners of record because such owner or owners cannot be located with reasonable diligence. Section 5 : To the extent any of the property to be acquired is already appropriated to an existing public use, the 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 sea. 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 the said real property. Section 7 : That the Agency finds and determines that the purposes for which the above-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. 4 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 the fee title to said property, and 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. 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 - 5 - 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 just compen- sation according to law, for jury fees, reporter' s fees, and other litigation expenses, is hereby authorized. ADOPTED, SIGNED, APPROVED AND EFFECTIVE this 5th day of May 1987. tt 2 4 Chairman, Redevelopment Agency of-the City of Redlands ATT T: &,4 Acting -r Secretary, Redevelopme6TAgencv of the City of Redlands APPROVED AS TO FORM: Best, Best & Krieger Agency Counsel 6 I, Beatrice Sanchez, Acting 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 5th day of May 1987 , by the following vote, to-wit: Ayes : Members Larsen, DeMirjyn, Johnson, Wormser; Mayor 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 5th day of May 1987. 141!� -;-z, Acting Secretary, Redevelopii�e_n4O�A� g_enc of the City of Redlands - 7 - EXHIBIT "A" LEGAL DESCRIPTION The following described property situated in the State of California, County of San Bernardino: That portion of Redlands Avenue, 60 feet wide, as established and shown on the recorded map of Balcom' s Addition to the City of Redlands , dated April 7, 1897 , recorded May 6, 1897 , in Book 13 of Maps, page 4 , Records of San Bernardino County, that is bounded on the North by the South line of Block "D" ; on the South by the North line of Block "E" ; on -,.-he West by the East line of Fifth Street; and on the East by the West line of Sixth Street; all as shown on the recorded map of said Balcom' s Addition. EXHIBIT "B" i fit � — I Et .—._.—�.�..—...._- .�_.. .rte—'r!r •----+r' _—__—— , It it KAMM"XIMMA I- 10 �- , E .wwsr 1.,..r.^-.—.^..3 •.l .� RR , aaetr�awv s�v■ o�xe+ iav�o w,,►�ssa •Loses ltV 14 ■nlilr!!f 11..5 v== !!!if E • i K iiil►i iit iffAl ►tAiA rn�e••!�1 rm•!l.+I.�tiftffl.r ff K4frsf. •a4t�frrlR ** Subject Property indicated by