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HomeMy WebLinkAbout04-RDA AGENDA ITEM INFORMATION SUMMARY GENERAL INFORMAnON: Su~ u.Jzdi ~ 1 - f/nU/M/VLt/ In jh1U<'~-L4U Author 11. J)~ En -Y!3d- Ward I Project Area ",5E/? Committee CommissionlCouncil Filing Dates 1~/ICj l/~ I IJ~ Meeting DatllS l..:l/~l . 85 '/7 t:') 000 Budget Authority, $ 275 000. 00 Funding Requirements 'Y9-70 Ilr!'~ ,!'5-.cS' I- Date CLEARANCES: RDA MANAGEMENT REVIEW: ~(~ Adminil~ ManagerlSupervilOr I Z.-\9-~ /J1. -/9-81 J'-)I"{ CITY DEPARTMENTAL REVIEW: Dale Depl By Oepl By Yel OWA a.cfco,.ct{'7/~:q c.- 1.I'Iling LJ ---.: o ~:~f-n Ii] AtIDmey o City AdminiltralDr ro ro ~ o RDA Committee recommendation INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTs/COUNCIL OFFICES: Sent to Mayor'S Office Council Ward Council Ward Council Ward Council Ward Department Department By Date COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the IUmmary, such as controversial Issues, time constraints and funding complications. Indicate dates when action must be taken. '$-1 RDA .174 REV. 6-29-89 Redevelopment Agency · City of San Bernardino 300 North "D" Street, Fourth Floor . Sm BC'lJIlIrdino, Cllifomia 92418 (714) 384-5081 FAX (714) 888-9413 ".lnr:; ~ We. DECEMBER 13, 1989 HADE PARCEL - EMINENT DOMAIN Synopsis of Previous Commission/Council/Committee Action: 09-07-89 The Committee recommended that a joint public hearing be set by the Commission and Common Council. 09-18-89 The Commission and Common Council set a Joint Public Hearing for October 2, 1989. 09-21-89 The Committee forwarded a proposed Disposition and Development Agreement (DDA) to the Commission and Common Council. 10-02-89 Resolutions 89-396 and 5207 approved the DDA. 11-22-89 The Committee recommended that a public hearing be set by the Commission. 12-04-89 The Commission set a public hearing for January 8, 1989. (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: MOVE TO ADOPT A RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. CALIFORNIA, TO COMMENCE THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO IN CONNECTION WITH THE DEVELOPMENT AND REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED IN THE SOUTHEAST INDUSTRIAL PARK PROJECT AREA. Respectfully Submitted. Executive Director Supporting data attached: YES FUNDING REQUIREMENTS: $275,000 Hard: 1 Project: SEIP Commission Notes: 0905C:m1f Agenda of: January 8, 1990 Item No. Redevelopment Agency S T A F F R E P 0 R T The staff and the Redevelopment Committee recommend adoption of a resolution declaring "Public Necessity" and authorizing proceedings for possession of properties identified as APN No's 281-021-30 and 281-031-52 (the "Wade" property) . BACKGROUND In conjunction with the expansion of Rockwell's current facility, the Agency has agreed to attempt to assist Rockwell in solving its shortfall in parking by acquiring a 6.31 acre site at the western terminus of Cooley Court. Per Government Code 7267.2, a formal offer of $275 ,000 has been made to the owners of the site. Whether or not the offer is accepted, a public hearing must be held to adopt a Resolution of Necessity in order to move the matter to the courts. The resolution sets out the proposed use of the property, and thereby satisfies the legal requirements which allow eminent domain proceedings to go forward. Upon adoption of the Resolution, proc~edings will be commenced for an order of immediate possession from the Superior Court, State of California, which will allow title to be vested in the name of the Redevelopment Agency. RJT:mf:0904C RESOLUTION NO. 2 A RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA TO COMMENCE THE ACQUISITION BY EMINENT 3 DOMAIN OF REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO IN CONNECTION WITH THE DEVELOPMENT AND REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED 4 IN THE SOUTHEAST INDUSTRIAL PARK PROJECT AREA. 5 RECITALS 6 A. The Redevelopment Agency of the City of San Bernardino 7 ("Agency") is a redevelopment agency duly organized and existing pursuant 8 to the provisions of the Community Redevelopment Law (Section 33000 et 9 seq. of the Health and Safety Code), and has been and is now engaged in 10 discharging its powers and duties as provided by law. 1 ] 12 B. The Agency, pursuant to the provisions of Sections 33000, et 13 seq. and specifically Section 33391 (b) of the Health and Safety Code, is 14 vested with the power to take any property or interest in property 15 necessary to carry out the business of the Agency by condemnation, such 16 power to be exercised pursuant to the provisions of Section 1230.020 et 17 seq of the Code of Civil Procedure. 18 19 C. The parcel of real property or interest therein described 20 herein is located entirely within the boundaries of the Agency's 21 Southeast Industrial Park Project Area and is necessary for the public 22 use hereinafter set forth. 23 24 Nml THEREFORE, it is resolved by the Community Development 25 Commission of the City of San Bernardino that: 26 27 1. The interest to be acquired in the hereinafter described real 28 property is a fee interest for public use consisting generally of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 community redevelopment purposes and the elimination of blight, deterioration and functional obsolescense in the Southeast Industrial Park Project Area and specifically for the revitalization of a certain parcel of property within the Southeast Industrial Park Project Area by the construction of a parking lot and related facilities. Section 33391 (b), et seq. of the Health and Safety Code of this state authorizes the Agency to acquire the interests in the real property hereinafter described for the public use set forth herein. 2. The parcel of real property or interest therein to be acquired hereunder is located on land situated at or near the western termination of Cooley Avenue, west of Tippecanoe Avenue, City of San Bernardino, County of San Bernardino, State of California, consisting of approximately 6.31 acres, as more particularly described in Exhibit "A", which contains a legal description of the parcel in which a fee interest is sought. Exhibit "A" is attached hereto and incorporated herein by this reference as though set forth in full. 3. The Commission finds and determines as follows: (a) The public interest and necessity require the proposed project described above. (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 HJ 20 21 22 23 24 25 26 27 28 (c) The real property or interest described in this Resolution is necessary for the proposed project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 4. To the extent that the parcel of property or interest therein is already devoted to a public use, the Agency hereby finds and determines that the use to which the property is to be put by the Agency is a more necessary public use to which the parcel of property or interest therein is already devoted. If the acquisition will leave a remnant, the Agency may exercise its power of eminent domain to acquire the remnant. These findings are made in specific compliance with the provisions of Sections 1240.410, et seq., 1240.510, et seq. and 1240.610 et seq. of the Code of Civil Procedure. 5. The Executive Director is authorized to make such minor changes in the description of the property involved herein and in the pleadings to be filed herein as he deems necessary, upon advice of counsel, for the conduct of the condemnation action or other proceedings necessary to acquire the above-described interest in the above-described real property. 6. The Redevelopment Agency orders and authorizes the preparation and prosecution of proceedings in the name of the Agency in the Superior Court of the State of California, in and for the County of San Bernardino, or in any other court having jurisdiction thereof, as may be necessary for the acquisition of real property or interest therein herein II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 described by condemnation in accordance with the provisions of the laws 2 of the Constitution of the State of California relating to eminent 3 domain, and for an order permitting the Agency as Plaintiff to take 4 prejudgment possession of such property for use in the construction and 5 6 completion of such public improvements. 7 7. The deposit or payment of money out of proper funds of the 8 9 10 Agency for probable just compensation according to the provisions of law, for jury fees, reporter fees and other court costs and for counsel fees is hereby authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of 1989 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: Secretary REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 6 7 8 9 10 11 12 13 14 15 ](j 17 18 19 20 21 22 23 24 25 26 27 28 II 2 A RESOLUTION OF NECESSITY OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA TO COMMENCE THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY IN THE COUNTY OF SAN BERNARDINO IN CONNECTION WITH THE DEVELOPMENT AND REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED IN THE SOUTHEAST INDUSTRIAL PARK PROJECT AREA. The foregoing resolution is hereby approved this day of , 1989 BY: Chai rman of the Community Development Commission of the City of San Bernardino Approved as to form and legal co te t: / I I I LEGAL DESCRIPTION That certain parcel of land in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL NO.5 OF PARCEL MAP NO. 4781, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 48 OF PARCEL MAPS, PAGE 87, INCLUSIVE, RECORDS OF SAID COUNTY. 03101 EXHIBIT "A"