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HomeMy WebLinkAboutR48-Economic Development Agency . ~ -, ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Deputy Director SUBJECT: ORIGiNAL HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 2073 N. NEWCOMB STREET (AP# 119I-021-21), SAN BERNARDINO, CALIFORNIA DATE: September 24, 2004 Svnopsis of Previous Commission/CounciVCommittee Action(s): On September i5, 2003 the Community Development Commission and the Mayor and Common Council approved a 2003 Redevelopment Cooperation Agreement by and among the Inland Valley Development Agency (IVDA), Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino ("City") relating to the initiation of studies for the redevelopment of lands previously acquired by the Agency and relating to transfer or delegation of redevelopment authority to the Agency as it relates to acquisition and development of properties in the north Arden-Guthrie Area ("Arden-Guthrie Implementation Area"). (Communitv Development Commission) MOTION: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT PURPOSES OVER THE PROPERTY KNOWN AS 2073 N. NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN THE INLAND VALLEY REDEVELOPMENT PROJECT AREA Project Area(s) Maggie Pacheco Inland Valley Redevelopment Project Area Phone: (909) 663-1044 7 Contact Person(s): Ward(s): Supporting Data Attached: Ii! Staff Report Ii! Resolution(s) D Agreement(s)/Contract(s) D Map(s) D Letters Approx. Community Development Block Grant FUNDING REQUIREMENTS Amount: $ 29,000 Source: (CDBG) Budget Authority: 2003/2004 EDA Budget "GN""'", ~ ~~~ ~dt. b -<'--' _..______m__mm____..(~J.___.~:..~.:..~.s~:~:.~::C.~ti~:.~ir::t::._____.__.__.._..._.___...__~~:::__.~::~~:.~~.~:~~~_~~:~:t.=......._.. Commission/Council Notes: -;:\Ag.~!:.~i72~::;';~;;-;;-=bSt. s.;;;;--m--m-------mm----------coMMIiisIoi\i.MEETiNG-AGENDA------ Meeting Date: 10/0412004 Agenda Item Number: f.. c(lf . ., " ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ___________________~_________.________________._____________________________________________________________u_______________________. Hearinl!: - Resolution of Public Interest and Necessity for Acquisition of Real Property: 2073 N. Newcomb Street (AP# 1191-021-21) San Bernardino. California BACKGROUND/CURRENT ISSUE: On May II, 2004 and again on June II, 2004, the Agency sent purchase offers to the Property Owner of the real property located at 2073 N, Newcomb Street, San Bernardino (the "Parcel"), within the Arden-Guthrie Implementation Area of the Inland Valley Redevelopment Project Area. On the date of this writing, the Property Owner has not responded to the Agency's offers or communicated with the Agency. Consequently, in conformance with the Code of Civil Procedure Section 1245.235, on September 15, 2004, a notice of the October 4, 2004 hearing on adopting a Resolution of Public Interest and Necessity was sent by Certified mail to the Property Owner whose name and address appears on the last equalized county assessment roll, in order to afford such Property Owner a reasonable opportunity to be heard by the Commission. The Hearing by the Commission and the adoption of the Resolution of Public Interest and Necessity are legal preconditions to the exercise of the Commission's power of eminent domain. Moreover, Code of Civil Procedure Section 1245.230 requires that the Commission make the following findings and that each be included in the Resolution of Necessity: 1. The public interest and necessity requires the acquisition of the Parcel: Although no specific development has been proposed at this time, the Parcel is subject to sale for delinquent property taxes and is available for purchase. Over the past several years, the Agency has acquired a number of parcels of land within the vicinity of the Parcel as the opportunity arose. The Agency now believes it is appropriate to continue this program of land assembly and to acquire this additional Parcel to provide sufficient contiguous land for potential future commercial development. The acquisition of the Parcel will further enhance the ability of the Agency to complete the assembly of lands for appropriately sized sites for future development of commercial, retail and recreational purposes within the Arden-Guthrie Implementation Area ("Project"). 2. The proposed Proiect is planned or located in a manner that will be most compatible with the I!:reatest public I!:ood and the least private iniurv: The Property Owner has not paid property taxes for several years and the Parcel is subject to sale for delinquent property taxes. For more than a decade, the Agency has assembled land within the Arden-Guthrie Implementation Area of the Inland Valley Development Agency (IVDA) Redevelopment Project Area ("Project Area"). The Agency has, as of June 30, 2004, incurred a redevelopment indebtedness in excess of ten million dollars in connection with its efforts to address conditions of blight in the Arden-Guthrie Implementation Area to foster a commercially viable and economically sustainable plan of redevelopment and reuse of the \\FSERVER\Datl\Agendas\Comm Dev Commission\CDC 2004\04-10.04 2073 N, Newcomb 51. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Number: M . .' Economic Development Agency Staff Report Arden-Guthrie Property Acquisition Page 2 properties within the Project Area and to prevent the spread of blight in the Project Area into other surrounding neighborhoods and communities. As noted above, the Agency and the IVDA entered into the 2003 Redevelopment Cooperation Agreement (the "Cooperation Agreement"), which allows the Agency to act for and on behalf of the IVDA as set forth in the IVDA Redevelopment Plan, pursuant to the Community Redevelopment Law, affecting any properties situated in the Arden-Guthrie Implementation Area. The Cooperation Agreement in Section 3 specifically authorizes the Agency, either in its name or on behalf of the IVDA, to exercise all powers of Eminent Domain, if deemed necessary in the discretion of the Agency to acquire and dispose of real property within the Arden-Guthrie Implementation Area. On April 14, 2004, the San Bernardino Superior Court entered a judgment in the validation action filed by the IVDA in case number SCV 112588, confirming that the Cooperation Agreement is legal and binding and that the Agency may exercise Eminent Domain powers pursuant to the Cooperation Agreement without further action by the IVDA. The assembly and redevelopment of the Parcel is necessary as the Project Area displays a number of conditions of blight including the presence of old structures that show signs of dilapidation and deterioration. Small lot configurations within the Project Area, including the subject Parcel, prevent or substantially hinder the economically viable use of such real property in their present condition and City zoning classification. Redevelopment of the Parcel will eliminate blight and provide needed commercial, retail and recreational redevelopment of the Arden-Guthrie Implementation Area and assist with elimination of blight in other areas in proximity to the Project. 3. The subiect Parcel is necessarv for the orooosed Proiect: The Agency previously acquired several parcels of real property in the vicinity of the Parcel, and desires to acquire this additional Parcel to provide sufficient contiguous land for future commercial, retail and recreational uses in the Project Area ("Project"). The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury in light of the fact that the real property included in the Project Area displays a number of symptoms of blight. The Project shall also facilitate land assembly and reuse of a developed urban area that has stagnated in recent years under the burdens of small lot size, diverse ownership, property tax liens, changed zoning. The Project shall also confer substantial environmental benefits upon the Project Area and the community generally, in accordance with the General Plan of the City of San Bernardino. 4. The Government Code II 7267.2(a) offers have been made to the record orooertv owners: On May 11, 2004 and again on June 11, 2004, the Agency submitted formal acquisition offers to the property owner for the subject Parcel. The offers comply with Government Code S 7267.2. No affirmative responses were received in response to the statutory offers. ENVIRONMENTAL IMPACT: The proposed action is exempt from CEQA, pursuant to S 15332, Class 32 which consists of projects such as the acquisition of small, isolated parcels of vacant land, characterized as in-fill development meeting the conditions described as follows: (a) the Project is consistent with the applicable general P:\AgendasIComm De... Commission\CDC 2004\04-10-04 2073 N. Newcomb St. SR,doc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Number: e L/ ? Economic Development Agency Staff Report Arden-Guthrie Property Acquisition Page 3 plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed Project, which in this case consists of the acquisition of a small, isolated parcel of vacant land of approximately 7,200 square feet, is within the city limits, is less than five acres substantially surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality and furthermore no specific plan for development is being proposed for the Arden Guthrie Implementation Area at this time; and (e) the Project is adequately served by all required utilities and public services. FISCAL IMPACT: Based on the appraisal, the cost to acquire the subject Parcel is $22,200 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $29,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pacheco, Deputy Director P:\Agendas\Comm Dev Commission\CDC 2004\04-10-04 2073 N. Newcomb St. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Number: f( y( m CI) ... <( c o "- - m - c CI) E CI) t:: - CI) "i: ~ - ::::J C!) I C CI) "0 ... <( . , :mU:>AV U:>p.ry , 0 .... .... .... .... 0 GO .... .... .... 0 '" .... '" .... 0 - - - 0 0 0 0 0 .... .... .... .... .... .... .... .... .... '" - '" '" '" '" - '" '" .... '" .... .... 0 '" .... '" .... 0 - - - - - 0 0 0 0 0 .... .... .... .... .... .... .... .... .... .... ) ( 1:>aJ)S UOu-eqWll(J .... \a ClO 0 .... .... .... .... 0 GO .... '" .... '" .... .... 0 '" .... 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'" .... 0 - - - - - - 0 0 0 0 0 .... .... .... .... .... .... .... .... .... .... .... ):>:>.nS :>!.Itpn~ ~ " ~ ~ CIl ..c w o M ~ ;:;2 ~ E-t ::J c..? o ~ ffi ~ <:: " :I = ~ <: "tl ~ :2 <>0 = I - - CO - - I- - CO - :J: >< w ~:J:~ ....u 0:"' o~ z~ .. . . RESOLUtO ~138 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT PURPOSES OVER THE PROPERTY KNOWN AS 2073 N. NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN THE INLAND VALLEY REDEVELOPMENT PROJECT AREA 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public entity created pursuant to the Community Redevelopment Law (Health and Safety 8 9 Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located 10 in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment II Law; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino 13 (the "Commission"), as the governing board of the Agency, has authorized the Agency to 14 assemble, and acquire real property for community redevelopment purposes in the Arden- 15 Guthrie neighborhood (the "Arden-Guthrie Implementation Area"); and WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasive 16 17 symptoms of blight that cannot be remedied by private parties acting alone without community 18 redevelopment assistance; and 19 WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire real 20 property located with the redevelopment project area of the Inland Valley Redevelopment Project Area (the "Project Area") by condemnation if necessary as part of the redevelopment plan for the civilian reuse and redevelopment of the former Norton Air Force Base and certain 21 22 23 lands in close proximity to the former Norton Air Force Base; and 24 WHEREAS, the Arden-Guthrie Implementation Area is located within the IVDA 25 Project Area; and -1- r:\Ap.du\ReM..~Iatiou\ZlI04\14-1"" 2173 N. Nnrn.u 51. CDe Rao.doc ., CDC/2004-38 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Agency and the IVDA have entered into the Redevelopment Cooperation Agreement, dated as of October 8, 2003 (the "Cooperation Agreement"), which authorizes the Agency to act for and on behalf of the IVDA, as set forth in the IVDA Redevelopment Plan, with respect to the acquisition and redevelopment of lands and properties situated in the Arden-Guthrie Implementation Area; and WHEREAS, prior to the date of the Cooperation Agreement, the Agency has acquired other real property in the Arden Guthrie Implementation Area; and WHEREAS, Section 3 of the Cooperation Agreement authorizes the Agency, either in its name or on behalf of the IVDA, to exercise all powers of eminent domain of the IVDA, if deemed necessary in the discretion of the Agency to acquire real property within the Arden- Guthrie Implementation Area for community redevelopment purposes; and WHEREAS, the Agency retained the services of an appraiser to appraise the Property and the appraiser has reported an opinion of the fair market value of the unimproved property located at 2073 N. Newcomb Street, San Bernardino, CA 92404 (AP# 1191-021-21) (the "Property"); and WHEREAS, based upon such real property appraisal report, the Commission authorized the Agency to send a purchase offer to the owner of record, to attempt to purchase the Property at the appraised values in lieu of condemnation, and on May II, 2004, and again on June 11, 2004, the Agency mailed purchase offers to the owner of record of the Property based on the appraised value of each parcel ofthe Property described in this Resolution; and WHEREAS, the Agency transmitted offers to purchase the Property situated within the Project Area, based on the appraised value, to the owner of record of the Property; and WHEREAS, the purchase offer mailed to the owner of record of the Property on May 11,2004, at the address on file with the office of the County Tax Assessor, was returned by the Post Office undelivered, after diligent inquiry and reasonable research another possible address -2- P:\AJ:,IIllu\IleMIaU.u\RnUr,tieuUlI04\I4-lG-N J173 N. Np'CCI..b SL CDC Kao.doc CDC/2004-38 for the owner of the Property was located and the June II, 2004 purchase offer was mailed to 2 the owner of the Property at that additional address but the offer was returned by the Post Office 3 undelivered and, after diligent inquiry and reasonable research, no other current address for the 4 owner of the Property could be located; and 5 WHEREAS, the owner of record of the Property has not accepted the purchase offers 6 submitted by the Agency; and 7 WHEREAS, the Agency has not been able to satisfactorily complete a negotiated 8 purchase with the owner of record of the Property to assemble and acquire the Property for 9 community redevelopment purposes; and 10 WHEREAS, on April 14, 2004, the San Bernardino Superior Court entered a judgment 11 in the validation action filed by the IVDA in case number SCV 112588, confirming that the 12 Cooperation Agreement is legal and binding and that the Agency may exercise eminent domain \3 powers pursuant to the Cooperation Agreement without further action by the IVDA; and 14 WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined 15 in the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, the 16 Commission may serve as the "lead agency" as defined in CEQA for the purpose of conducting 17 an environmental review in connection with the acquisition of the Property; and 18 WHEREAS, for the proposed CEQA analysis at this time for the proposed project 19 consists of land assembly of isolated parcels of vacant real property in support of the 20 redevelopment of the Arden Guthrie Implementation Area; and 21 WHEREAS, the unimproved Property is subject to real property tax liens for delinquent 22 tax payments, that could result in sale of the Property by the County Tax Collector to a third 23 party to satisfy delinquent property taxes; and 24 WHEREAS, on September 15, 2004, notice of intent to adopt this Resolution was 25 mailed to the owner of record of the Property, Lydia Mayers, at the address of record on file at -3- r:\Ap.du\ReIo"~bllinl\JIlI4\ll4-1t-04 Z07J N. Nnr"_h St. CDC ReICl.dllC CDC/2004-38 the office of the County Tax Collector and at the last known address for the owner of the 2 Property, and notice was also published in the Sun newspaper on September 20, 2004; and 3 WHEREAS, on October 4, 2004, after not less than fifteen (15) days written notice to 4 the owner of the Property, the Commission conducted a hearing for the purpose of affording the 5 owner of the Property a reasonable opportunity to appear and be heard on the matters referred to 6 in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other 7 prerequisites for the exercise of eminent domain to acquire the Property for community 8 redevelopment purposes; and 9 WHEREAS, the Commission has determined as a result of such hearing on October 4, 10 2004, that the public health, safety and welfare require the Agency to acquire the subject 11 Property for community redevelopment purposes. 12 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, 13 DETERMINES AND DECLARES AS FOLLOWS: 14 Section I. The information set forth in the above recitals of this Resolution is true 15 and correct. 16 Section 2. The real property to be acquired under the authority of this Resolution 17 (the "Property") is located in the Arden-Guthrie Implementation Area in the City of San 18 Bernardino, California, and is also known as 2073 N. Newcomb Street, San Bernardino, 19 California 92404 (San Bernardino County Assessor Parcel Number 1191-021-21). The 20 Property is more particularly described in the legal descriptions attached collectively as Exhibit 21 "A." The interest in the Property to be acquired consists of all of the fee simple absolute title 22 interest in the Property, and all of the right, title and interest of each person and owner of the 23 Property including the acquisition of each and every possessory interest and all easements and 24 appurtenances to the Property. 25 -4- P:\A..I!IUIu\RaM_I"u\ReM"HoaI\l0t4\14-J~ :zen N. N_'" St. CDC a-.doe CDC/2004-38 Section 3. On September 15, 2004, the Agency transmitted a notice of hearing to (i) 2 the known owner of record (Lydia Mayer) at 6141 Geremander Avenue, Rialto, CA 92377- 3 4025 and (ii) to the party who indicated to Agency Staff to have had an interest in the Property 4 and who had intended to acquire or purchase the Property (Rafael Orante) at 3119 Rodeo Place, 5 Ontario, CA 91761, and on September 20, 2004, notice was published in the Sun newspaper, 6 and copies of such notices of hearing are on file with the Agency. 7 Section 4. The Commission acknowledges receipt of the written reports and 8 information relating to the implementation of the Cooperation Agreement in the Arden-Guthrie 9 Implementation Area, including the preliminary discussions of the Agency staff with third 10 parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, or 11 portions of it, and the appraisal of the Property, staff reports, and oral reports and information 12 submitted to the Commission during the course of the hearing conducted on October 4, 2004. 13 Section 5. The Commission on behalf of the Agency finds and determines that the 14 hearing conducted by the Commission on this matter on October 4, 2004, was full and fair, and 15 that each interested person has been afforded a full and fair opportunity to present evidence and 16 testimony relating to assembly of land for the proposed Project, and the matters described in 17 Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests 18 in it, by the Commission for community redevelopment purposes by the exercise of Eminent 19 Domain and other relevant matters. 20 Section 6. The Commission declares its intent to acquire the Property for communit 21 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0 22 California including the Community Redevelopment Law and Health and Safety Code Section 23 33391 and 33492.40, and pursuant to the Cooperation Agreement. The Commission furthe 24 finds and determines that all of the prerequisites to the exercise of eminent domain by th 25 Agency with respect to such acquisition of the Property for the Project have been met. -5- .:\At:nubs\&neIlltWu\llne"deu\ZOO4\M-IG-04 ZI7J N. Newee." St. CDC ~...dec: . . CDC/2004-38 Section 7. The Commission has found and determined that the acquisition of the 2 Property for the Project is an activity which is covered under a categorical exemption of the 3 CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a 4 finding of categorical exemption for the Project and the acquisition of the Property has been 5 filed with the Clerk of the County. 6 Section 8. In accordance with the provisions of Code of Civil Procedure Section 7 1245.230 the Commission finds, determines and declares as follows: 8 (a) The public interest, convenience and necessity require the acquisition of the 9 Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthrie 10 Implementation Area and to provide for the orderly redevelopment of the Property and other 11 real property included in the Arden-Guthrie Implementation Area. The assembly and 12 redevelopment of the Property is necessary as the Arden-Guthrie Implementation Area displays \3 a number of conditions of blight, including the presence of old structures that show signs of 14 dilapidation and deterioration and small or substandard lot sizes within the Arden-Guthrie \5 Implementation Area, including the subject Property, and a diverse pattern of land ownership \6 which prevent or substantially hinder the economically viable use of such real property in its 17 present condition and City zoning classification. Acquisition and assembly of the Property for 18 community redevelopment purposes, together with other lands already owned by the Agency in 19 the Arden-Guthrie Implementation Area, will foster the elimination of blight and assist with the 20 redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of blight 2\ in other lands in proximity to the Arden-Guthrie Implementation Area. 22 (b) The Project is planned or located in the manner that will be most compatible with 23 the greatest public good and the least private injury in light of the fact that the real property 24 included in the Arden-Guthrie Implementation Area displays a number of symptoms of blight. 25 The Project shall also facilitate the completion of a land assembly program previously initiated -6- ~.\......""..I.._..~__....-...uON\N-I~ ZI73 N. N,,'~ St. CDC Ilne.clec CDCj2004-38 by the Agency and foster the reuse of a developed urban area that has stagnated in recent years 2 under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, and 3 inadequate public improvements. 4 (c) The Property described in this Resolution is necessary for the Project as its 5 acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight and 6 provide for the redevelopment and improvement of the other lands owned by the Agency within 7 the Arden-Guthrie Implementation Area. 8 (d) The purchase offer required by Government Code Section 7267.2 has been 9 mailed to the owners of record of the Property by the Agency, and the Agency has not been 10 successful in negotiating a purchase of the Property with such owners based upon such offers of 11 the Agency on terms that are acceptable to the owners of the Property. The Agency has asked 12 the Commission to approve its acquisition of the Property for assembly for future 13 redevelopment. 14 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as special 15 legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the 16 name of the Agency such proceedings in the court having jurisdiction, as may be necessary for 17 the acquisition of the Property. 18 (b) The sum payable by the Agency as probable compensation for the acquisition of 19 the Property by eminent domain, as determined by the appraisal, shall accompany the filing of 20 the complaint and shall be deposited as follows: (i) with the State of California in the manner 21 provided by law, or upon the recommendation of Agency special legal counsel to the County 22 Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be 23 acquired by such condemnation proceedings, in such other manner as such interested person(s) 24 may request in writing, subject to the approval of the Executive Director and special legal 25 counsel to the Agency. -7- r:v.p.dH\ReM.~.UnI\J~lo-041073 N. Ne,,_b St. CDC Rno.doc CDC/2004-38 Section 10. The Secretary of the Commission is authorized and directed to certify the 2 adoption of this resolution. This Resolution shall take affect upon adoption. 3 /I I 4 /II 5 /II 6 /II 7 1/1 8 /II 9 /II 10 /II 11 /II 12 1/1 13 /II 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 1/1 24 /II 25 -8- P:\AreIld.u\ReteIlltio~..tieu\llll4\M-l~ 1:073 N. Newc..1II St. CDC Readac . . CDC/2004-38 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT PURPOSES OVER THE PROPERTY KNOWN AS 2073 N. NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN THE INLAND V ALLEY REDEVELOPMENT PROJECT AREA 3 4 5 6 PASSED, APPROVED AND ADOPTED this ~ day of October ,2004. 7 I CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at its regular meeting held on 9 Octoberr4 ,2004 by the following vote, to wit: Commission Members: Aves Nays ESTRADA X LONGVILLE X - MCGINNIS X DERRY --X- KELLEY ---X- JOHNSON ~ MC CAMMACK ~ Absent Abstain 10 II 12 13 14 15 16 17 18 19 The foregoing resolution is hereby approved this ---=::1::n:Lday of pctober 20 ,2004. 21 22 les, Chairperson ty Development Commission e C y of San Bernardino o 23 24 Approved a 25 By: -9- P:\A&elldll\Resolutionl\ReluhdioIl5\1004\04.1O-04 1:073 N. Newc:omb SI. CDC Reso.doc CDC/2004-38 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss 2 CITY OF SAN BERNARDINO ) 3 4 I, Secretary of the Community Development Commission 5 of the City of San Bernardino, CERTIFY that the foregoing and attached copy of Community 6 Development Commission of the City of San Bernardino Resolution No. is a full, 7 true and correct copy of that now on file in this office. 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of 9 the Community Development Commission of the City of San Bernardino this _ day of 10 ,2004. 11 12 13 (Seal) 14 Attest: 15 16 17 Secretary of the Community Development Commission of the City of San Bernardino 18 19 20 21 22 23 24 25 -10- r:\Ap~..tIeDJ\Ilne"t-..uOl4\l4-I8-14 2073 N. Newcomb 5.. CDC Rete.d.c: .,' " " ~ . i ~ . ~ , I , I i 'j , j i { -~ .," -.', _.,;....:.,--','-.:..'...... ,:.. CDCj2004-38 Guarantee Number: 07110226 Exhibit "'A- All that certaIn real property situated In the county of San Bernardino, State of California, descrlbed .. follOWS: Lot 36, Tract No. 6898, In the CIty of San Bernardino, County of San Bernardino, State of California, lIS per map recorded In Book 88, Pages 34 and 35 of Maps, In the office of the County RecOrder of said County. EXCEPT reserving unto Grantor, Downey Savings and Loan AssOCIation, F. A., all 011, gas, . minerals, and other hydrocarbon substances In and under the above described land. AsSe'.....r'. Parcel Number: l1e1-021-21 CLTA Guarantee Form No.1 IltIoIltIon Guarantee (Rev 12-16-93) Dan,...:J, , Revised Section 3 to Resolution of Necessity (Lydia Mayer; subject property located at 2073 North Newcombe Street) Section 3. On September 15, 2004, the Agency transmitted a notice of hearing to (i) the known owner of record (Lydia Mayer) at 6141 Geremander Avenue, Rialto, CA 92377-4025, and (ii) to the party who indicated to Agency Staff to have had an interest in the Property and who had intended to acquire or purchase the Property (Rafael Orante) at 3119 Rodeo Place, Ontario, CA-91761, and on September 20, 2004, notice was published in the Sun newspaper, and copies of such notices of hearing are on file with the Agency. . Fntp.,p.d into Record at I ol;'J;!~ . .c.IICmvDevCms Mtg: - C'-~ ,.- ~ I<. '-lot v . e '\uellda Item - ~~ City ClerklCDC Secy City of San Bernardino