HomeMy WebLinkAboutR33-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
FROM: Maggie Pacheco
Executive Director
SUBJECT:
Hearing - Resolution oC Public Interest and
Necessity Cor Acquisition oC Real Property: 746
West S'h Street, San Bernardino, CaliCornia
DATE:
July 17, 2006
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Svnoosis oC Previous Commission/CounciUCommittee Action(s):
On February 7, 2005, the Community Development Commission ("Commission") authorized Staff to send out Owner
Participation notices to the property owners who own property in the proxintity to the block bounded by 4th, 5th, "G" and "H"
Streets, the parcels on the north side oC 5th Street between "G" and "H" Streets, the 4 parcels on the northeast corner oC 5th and
"G" Streets and 6 parcels on the south side of 5th Street between "G" and "F" Streets in accordance with the adopted Agency
Owner Participation Rules for the Central City North Redevelopment Project Area. No proposals were received.
On November 7, 2005, the Commission adopted a Resolution: I) approving the Downtown Mixed Use Project Concept Plan
("Project") and adopting a Mitigated Negative Declaration for the Project in accordance with CEQA, and; 2) approving a
Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and Watson and
Associates Development Company, Inc. ("Watson") relative to the implementation of the Project.
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Recommended Motion(s):
Open/Close Hearing
(Community Develooment Commission)
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 located at 746 West 5th Street, San
Bernardino, California (APN: 0\34-054-07, 08 and 09) in the Central City North Redevelopment Project Area
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Project Area(s)
Ward(s):
(909) 663-1044
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Contact Person( s):
Maggie Pacheco
Central City North
Redevelopment Project Area
Phone:
Supporting Data Attached: Ii! Staff Report Ii! Resolution(s) 0 Agreement(s)/Contract(s) Ii! Map(s) 0 Letters
Approx.
FUNDING REQUIREMENTS Amount: $ 1,659,000 Source: LowlMod Housing Bond Proceeds
/5e<1- &<<<-u- ~ j <.;-r-r;
Barbara Lindseth, Admin. Services Director
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SIGNATURE:
Budget Authority:
2005-2006 EDA Budget
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P:\A&endas\Comm Dev COlluulMlou\CDC 1006\07.14-06 ReIcIhatioa orNecesslty. 746 Weat 5th Street FIa.1 SR.doe Meeting Date: 07124/2006
Agenda Item Number: &.33..
ECONOMIC DEVELOPMENT AGENCY
a STAFF REPORT
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HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION
OF REAL PROPERTY: 746 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA
BACKGROUND:
On November 7, 2005, the Community Development Commission ("Commission") approved the Central
City North Downtown Mixed Use Project Concept Plan ("Plan or Project") and the Redevelopment
Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Watson & Associates
Development Co., Inc. ("Developer"). Through the Plan and the CEQA compliance that was undertaken
as part of the Plan approval on November 7,2005, the Agency will acquire certain properties in an effort
to encourage and effectuate the redevelopment of certain real propert~ ("Study Area") bounded by, 5th
Street to the north, "G" Street on the east, "H" Street on the west, and 4t Street on the south, including the
north side of 5th Street between "H" Street and "G" Street, the four (4) parcels at the northeast corner of
5th Street and "G" Street, and the six (6) parcels at the southeast corner of 5th and "G" Street but excluding
the new TELACU II Monte Vista Senior Housing Complex.
The intent of the Plan is to eliminate blighted conditions, encourage economic development by creating
owner-occupied mixed use and mixed income housing (i.e., commercial on the ground floor, residential
on the upper floors) for those properties with frontage on 4th Street and 5th Street, with townhouses located
.mmediately south of the mixed use development on the south side of 5th Street and on the west side of
.'G" Street. The Plan will also include complimentary parking and amenities, which will include a unified
high quality architectural and urban design. Moreover, the objective of the Project is to act as a catalyst in
the revitalizing of the downtown area and to encourage people to live and work in downtown.
Within the Study Area, the Commission has previously authorized Agency staff to make offers to
purchase certain properties within the Study Area, and to date the Agency has acquired 6 parcels, 5
additional parcels are in escrow or pending escrow and 16 parcels remain to be acquired. The Property
was appraised by a qualified appraiser.
On September 25, 2005, the Agency sent a purchase offer ("Offer") to The Salvation Army ("Property
Owner") to purchase the property located at 746 West 5th Street, San Bernardino, California (APN: 0134-
054-07, 08 and 09) (the "Property"). The Offer was mailed to the address on file with the office of the
County Tax Assessor as shown on the last equalized County Assessment Roll and the Property Owner's
Legal Counsel. The Property Owner received the Offer.
Upon obtaining a Summary of Valuation from the Appraiser, the Agency transmitted the previous Offer
and Summary of Valuation in conformity with Government Code Section 7267 .2(b) to Roger M. Sullivan,
acting as legal counsel to The Salvation Army ("Salvation Army Counsel") on March II, 2006. Salvation
Army Counsel has received the Offer. An updated appraisal was obtained and a summary was provided
to counsel for the Property Owner from Agency Counsel on June IS, 2006.
In the Offer that was transmitted to both the Property Owner and Salvation Army Counsel, the Property
aOwner was requested to convey free and clear title and additionally, free and clear of all leasehold
_interests in the Property by tenants and any other parties, if applicable. To date, neither the Property
Owner nor the Salvation Army Counsel have accepted or made a counter offer to the Agency's Offer.
-.;813-843;):8689-:1------------------------ ----------------CO-MMisSION MEETING AGENDA----
Meeting Date: 07/24/2006
Agenda Item Number: R.3~
P:\Agendas\Comm Dev Commlsslon\CDC 1006\07-14-06 Resolution orNetml.ly - 746 Wal Stb Street Final SR.do\:
Economic Development Agency Staff Report
Salvation Army-CCN Property Acquisition-APN: 0134-054-07, 08 and 09
Page 2
_t should be noted that The Salvation Army is currently attempting to obtain its own appraisal of the
Property in anticipation of making a counter offer to the Agency.
The Property is improved with a two-story concrete block structure that the Property Owner has advised
is used as a Church. The construction of the improvement dates back to the 1950's.
CURRENT ISSUES:
Therefore, in conformance with the Code of Civil Procedure Section 1245.235, on July 6,2006, a notice
of the July 24, 2006 hearing on adopting a Resolution of Public Interest and Necessity was sent by
certified mail to the Salvation Army Counsel and 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. Additionally, the Notice of the Hearing was mailed to the
Salvation Army Counsel. 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 reuuire the acuuisition of the Property: The Agency has
adopted a Plan that includes this Property together with an agreement to assemble land for
eventual redevelopment in accordance with said Plan. The proposed Project is a unified mixed-
use development that will include portions of the Property. The proposal is to have retail on the
bottom level and owner-occupied housing on the second and third levels that will include some
affordable housing. During the past year, the Agency has acquired six (6) parcels of land, 5
additional parcels are in escrow or pending escrow and 16 parcels remain to be acquired within the
vicinity of the Property. The Agency finds it appropriate to continue the program of land
assembly and to acquire this additional Property to provide sufficient contiguous land for the Plan
and the contemplated Project.
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2. The Proiect is planned or located in a manner that will be most compatible with the l!reatest
public l!ood and the least private iniury: 5th Street has had a problem with crime and blight,
particularly near the 1-215 freeway. The Agency has increased its efforts to address conditions of
blight in this sector of the Central City North Redevelopment Project Area (the "Project Area") to
foster a commercially viable and economically sustainable plan of redevelopment and reuse of the
properties within the Project Area and to prevent the spread of blight in the Project Area into. other
surrounding neighborhoods. Redevelopment of the Property will provide needed residential and
retail development and assist with elimination of blight in other areas in proximity to the Project.
The assembly and redevelopment of the Property 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, high crime rate, high volume of code compliance cases, absentee
owners and tenants in possession, and substandard and inadequate lot size. The Project will 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, abandoned properties, absentee owners,
_ high crime and code compliance cases. The Agency has seen some success in its increased effort
. to address blight in this area, although there is still much work to do. Part 1 Crimes for this area in
2004 were 426 and 436 in 2005. The number decreased drama!ically to ?1 from January ll_~?
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P:\Alcpdas\Comm Dn Conunl$slon\CDC :Z006\07.2~ Resolution ofNec:asity - 746 West Sib Street FlIIll SR.doc Meeting Date: 07/24/2006
Agenda Item Number: l.33
Economic Development Agency Staff Report
Salvation Army-CCN Property Acquisition-APN: 0134-054-07, 08 and 09
Page 3
_ April 11, 2006. This project will provide attractive affordable housing similar to TELACU but for
all citizens. This creates a sense of pride and increases the public's effort to keep their
neighborhood safe and secure. This project will further the positive impact started by TELACU
and the new Holiday Inn Express in the in the Central City North Redevelopment Project Area.
The Project will 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. The
Redevelopment Plan was amended on September 7, 2004 by adoption of an amendment to
reinstate the power of condemnation together with an Environmental Impact Report ("EIR") that
was duly certified at that time.
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3.
The subiect ProDertv is necessary for the Proiect: The Agency previously acquired several
parcels of real property in the vicinity of the Property and desires to acquire this additional
Property to provide sufficient contiguous land for the Project. This particular property is located
directly in the middle of the proposed development. The Project cannot be built around the
subject Property. Failing to include the Property in the Project could create a situation where the
Developer would either abandon the proposed Project (thereby hurting the City residents) or
demand increased concessions. If the Commission approves the Resolution of Necessity, the
Agency is still able to negotiate with the Property Owner.
4.
The Government Code & 7267.2(a) offers have been made to the record ProDertv Owner: On
September 25, 2005 and March 14, 2006, the Agency submitted formal acquisition offers to the
Property Owner of the subject Property and Salvation Army Counsel respectively. The Offer
complied with Government Code Section 7267.2. The Property Owner and Salvation Army
Counsel have orally rejected to the Offers and advised Staff that they will be obtaining an
appraisal of the Property.
ENVIRONMENT AL IMPACT:
On or about September 7, 2004, the Community Development Commission considered and certified
Environmental Impact Report SCH#2003031072 (the "EIR") in accordance with the California
Environmental Quality Act ("CEQA") for the Project Area which addresses reinstating the Agency's
power of condemnation and the acquisition of Property contemplated within the Plan and for the Project
is consistent with the EIR for the Project Area.
On November 7, 2005, the Community Development Commission adopted a Mitigated Negative
Declaration and authorized Staff to file a Notice of Determination ("NOD") with the County Clerk for the
Project pursuant to the approved Agreement. On November 10, 2005, said NOD was filed with the
County Clerk.
The statute of limitations applicable to challenges that a public entity approved a proj ect without making a
proper CEQA determination is 35 days from the date of the filing by the public agency of the notice or if
there is no notice or formal decision, 180 days from the date of the public agency's decision to carry out or
approve the project. There was no CEQA challenge and the time has expired to change CEQA
_comPliance.
-';813~843:i~i689~1-------'-----------------------------------------------COMMISSION MEETING AGENDA
P:\Alcndu\Comm Dev Commlsslon\CDC 2006\07.24-06 Resolullon orNecasity. 746 West Sib Slreet FlAil sadoc Meeting Date: 07/24/2006
Agenda Item Number: 1..33
Economic Development Agency Staff Report
Salvation Army-CCN Property Acquisition-APN: 0134-054-07, 08 and 09
Page 4
e~JSCAL IMPACT:
Based on the appraisal, the value of the subject Property is $1,185,000 plus court costs and legal expenses
normally associated with condemnation proceedings for an approximate total of$I,659,000.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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COMMISSION MEETING AGENDA
Meeting Date: 07/2412006
Agenda Item Number: L) 3
4813-8433-8689.J
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RESOLUTION NO.
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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 LOCATED AT 746 WEST 5TH STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-054-07, 08 AND 09) IN THE
CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
public entity created pursuant to the Community Redevelopment Law (Health and Safety Cod
Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in th
City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law'
and
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WHEREAS, the Community Development Commission of the City of San Bernardin
(the "Commission"), as the governing board of the Agency, has authorized the Agency t
assemble and acquire real property for community redevelopment purposes in the Central Cit
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North Redevelopment Project Area ("Project Area"); and
WHEREAS, the Project Area displays substantial and pervasive symptoms of blight tha
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cannot be remedied by private parties acting alone without community redevelopment assistance'
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and
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WHEREAS, the Agency has acquired other real property in the Project Area; and
WHEREAS, on April 6, 2005, the Agency mailed a notice to the owner ofrecord ofth
real property located within the Project Area as described and informed such persons that th
Agency intended to appraise the property for possible acquisition; and
WHEREAS, the Agency retained the services of an appraiser to appraise the property an
the appraiser has reported an opinion of the fair market value of the improved property located a
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746 West 5th Street, San Bernardino, CA 92410 (APN: 0134-054-07, 08 and 09) (th
"Property"); and
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WHEREAS, the Property is improved with a building that the Property Owner ha
advised is used as a Church within the Project Area; and
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WHEREAS, based upon such real property appraisal report, the Commission authorize
the Agency to send a purchase offer to the owner of record, to attempt to purchase the Propert
at the appraised value in lieu of condemnation, and on September 25, 2005, the Agency mailed
purchase offer to the owner of record of the Property based on the appraised value of th
Property described in this Resolution; and
WHEREAS, the Agency transmitted the offer to purchase the Property situated within th
Project Area, based on the appraised value on September 25,2005, to the owner of record ofth
Property at the address on file with the office of the County Tax Assessor, as shown on the las
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equalized county assessment roll and the owner of record, The Salvation Army, received th
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offer but does not agree with the Agency's offer; and
WHEREAS, on March 14, 2006, the Agency transmitted the same offer and summary 0
valuation in conformity with Govemment Code S 7267.2(b) to Roger M. Sullivan of Sullivan
Workman & Dee, LLP ("Salvation Army Counsel"); and
WHEREAS, the Agency has not been able to satisfactorily complete a negotiate
purchase with the Property Owner to acquire the Property for community redevelopmen
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purposes; and
WHEREAS, the Commission has served as the "lead agency" as defined in the Californi
Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review i
connection with the acquisition of the Property; and
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WHEREAS, on November 7,2005, the Commission adopted Resolution No.CDC/2005
39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (th
"Agreement") by and between the Agency and Watson and Associates Development Company
Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downto
Mixed Use Project Plan (the "Plan") and for the Project (the "Project") described in more detai
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in the CEQA Initial Study dated October 11, 2005; and
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WHEREAS, on or about September 7, 2004, the Agency considered and certifie
Environmental Impact Report SCH#200303 IOn (the "EIR") in accordance with the CEQA fo
the Project Area, and the acquisition of property contemplated within the Plan and for the Projec
is consistent with the EIR; and
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WHEREAS, the Property Owner never made a CEQA challenge and the time has expir
to do so; and
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WHEREAS, Part I Crimes within the area of the Plan and Project were reported as 91
incidents of crime for the period January 11 through April 11, 2006; and 436 for 2005 and 42
for 2004; and
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WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control 0
parcels necessary for the Plan either through purchase negotiations or alternatively, by eminen
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domain proceeding, if necessary; and
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WHEREAS, on July 6, 2006, notice of intent to adopt this Resolution was mailed to th
owner ofrecord of the Property, The Salvation Army, at the address of record on file at the offic
of the County Tax Collector and at the last known address for the owner of the Property; and
WHEREAS, on July 6, 2006, Notice of Intent to adopt this Resolution was mailed to th
Salvation Army Counsel, Roger M. Sullivan, Sullivan Workman & Dee, LLP, 800 Sout
Figueroa Street, Twelfth Floor, Los Angeles, California 90017-2521; and
WHEREAS, on July 24, 2006, after not less than fifteen (15) days written notice to th
owner of the Property and Salvation Army Counsel, the Commission conducted a hearing for th
purpose of affording the owner of the Property and Salvation Army Counsel a reasonabl
opportunity to appear and be heard on the matters referred to in Code of Civil Procedure Sectio
1240.030 and whether the Agency has met all other prerequisites for the exercise of eminen
domain to acquire the Property for the Plan and community redevelopment purposes; and
WHEREAS, the Commission has determined as a result of such hearing on July 24
2006, that the public health, safety and welfare require the Agency to acquire the subjec
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Property for community redevelopment purposes and to facilitate the Project.
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NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS
DETERMINES AND DECLARES AS FOLLOWS:
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The information set forth in the above recitals of this Resolution is tru
Section 1.
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and correct.
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Section 2.
The real property to be acquired under the authority of this Resolution i
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located in the Project Area in the City of San Bernardino, California, and is also known as 74
West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce
Number 0134-054-07, 08 and 09). The Property is more particularly described in the lega
description attached as Exhibit "A." The interest in the Property to be acquired consists of all 0
the fee simple absolute title interest in the Property, and all of the right, title and interest of eac
person and owner of the Property including the acquisition of each and every possessory interes
and all easements and appurtenances to the Property.
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Section 3.
On July 6, 2006, the Agency transmitted a notice of hearing to the kno
e5 owner of record (The Salvation Army) at P.O. Box 991, San Bernardino, California 92402.
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Section 4.
On July 6, 2006, the Agency transmitted a notice of hearing to th
17 Salvation Army Counsel at Sullivan, Worknlan & Dee, LLP, 800 South Figueroa Street, Twel
18 Floor, Los Angeles, California 90017-2521.
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Section 5.
The Commission acknowledges receipt of the written reports an
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information relating to the Project Area, including the Staff Report and Agreement between th
Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports, an
oral reports and information submitted to the Commission during the course of the hearin
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conducted on July 24, 2006.
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Section 6.
The Commission on behalf of the Agency finds and determines that th
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hearing conducted by the Commission on this matter on July 24, 2006, was full and fair, and tha
each interested person has been afforded a full and fair opportunity to present evidence an
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testimony relating to assembly of land for the Plan, and the matters described in Code of Civi
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. Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by th
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Commission for community redevelopment purposes by the exercise of eminent domain an
other relevant matters.
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Section 7.
The Commission declares its intent to acquire the Property for the PI
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and in furtherance of community redevelopment purposes in the name of the Agency i
accordance with the laws of the State of California including the Community Redevelopmen
Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further find
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and determines that all of the prerequisites to the exercise of eminent domain by the Agency wit
respect to such acquisition of the Property for the Plan have been met.
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Section 8.
The Commission has found and determined that the acquisition of th
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Property for the Plan is an activity, which is covered under a Mitigated Negative Declaratio
adopted by the Commission on November 7, 2005 and a Notice of Determination was filed wi
the Clerk of the County on November 10,2005.
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Section 9.
In accordance with the provisions of Code of Civil Procedure
e5 1245.230, the Commission finds, determines, and declares as follows:
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(a)
The public interest, convenience and necessity require the acquisition of th
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Property for the Project, as necessary to alleviate conditions of blight in the Project Area, whic
are documented and described in more detail in the 2004 EIR and CEQA Initial Study date
October 11, 2005, which Initial Study and Mitigated Negative Declaration was approved 0
November 7, 2005, and to provide for the orderly redevelopment of the Property and other re
property included in the Project Area. The assembly and redevelopment of the Property i
necessary as the Project Area displays a number of conditions of blight, including withou
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limitation prevalence of absentee owners, high volume of code compliance cases, crime statistic
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substantially higher than the City rate, the presence of old structures that show signs 0
dilapidation and deterioration and small or substandard lot sizes within the Project Area
including the subject Property, and a diverse pattern of land ownership which prevent 0
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substantially hinder the economically viable use of such real property in its present condition
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., For the period of January II through April II, 2006, the number of Part I Crimes within the are
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of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For th
period 2004, there were 426 Part I Crimes. For the period of January 11 through April 11, 2006
this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape
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Crimes such as dru
assault, robbery, burglary, grand theft auto and other theft.
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use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisitio
and assembly of the Property for community redevelopment purposes, the Plan and the Project
together with other lands already owned by the Agency in the Project Area, will foster th
elimination of blight and assist with the redevelopment of the Project Area, and assist wit
elimination of blight in other lands in proximity to the Project Area. The Plan and the Projec
include without limitation mixed income and mixed commercial and residential uses.
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(b)
The Plan and the Project are planned or located in the manner that will be mos
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compatible with the greatest public good and the least private injury in light of the fact that th
real property included in the Proj ect Area displays a number of symptoms of blight. The PI
and Project shall also facilitate the completion of a land assembly program previously initiate
by the Agency and foster the reuse of a developed urban area that has stagnated in recent year
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under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners
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tenant occupancy, high crime and code compliance cases, property tax liens and inadequat
public improvements.
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The Property described in this Resolution is necessary for the Plan and th
(c)
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Project, as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan t
eliminate blight and provide for the redevelopment and improvement of the other lands owne
by the Agency within the Project Area.
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(d)
The purchase offer required by Govermnent Code Section 7267.2 has been maile
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to the owner of record of the Property by the Agency, and the Agency has not been successful i
acquiring the Property based upon the conditions contained within the offer. The Commissio
deems it appropriate and necessary to approve the Agency acquisition of the Property fo
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. assembly for the Plan and the Project.
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Section 10. (a)
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as leg
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counsel to the Agency ("Agency Counsel"), is authorized and directed to prepare, institute an
prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may b
necessary for the acquisition of the Property.
(b) The sum payable by the Agency as probable compensation for the acquisition 0
the Property by eminent domain, as determined by the appraisal, may, in the discretion 0
Agency Counsel, accompany the filing of the complaint and may be deposited as follows: (i
with the State of California in the manner provided by law, or upon the recommendation 0
Agency Counsel to the County Treasury; or (ii) at the election of the person(s) who may claim
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interest in the Property to be acquired by such condemnation proceedings, in such other manne
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as such interested person(s) may request in writing, subject to the approval of the Executiv
Director and Agency Counsel.
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(c)
Agency Counsel is also authorized, subject to the approval of the Executiv
e5 Director, to engage in settlement negotiations and, if possible, arrange for purchase of th
16 Property in lieu of condemnation at the appraisal price prior to or subsequent to
17 condemnation complaint to commence acquisition of the Property by eminent domain.
18 Section 11. The Secretary of the Commission is authorized and directed to certify the
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adoption of this Resolution. This Resolution shall take affect upon adoption.
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4830-5504-1536.1 7
P:\Agcndas\Rcsolutioas\Rcsolmions\2006\07-24-OS Salvation Army. CCN 746 West 5th Street CDC Ruo.doc
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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 LOCATED AT 746 WEST 5TH STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-054-07,08 AND 09) IN THE
CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA
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5
6
,2006.
PASSED, APPROVED AND ADOPTED this _ day of
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8
I CERTIFY that the foregoing Resolution was duly adopted by the Community
9
Development Commission of the City of San Bernardino at its
meeting
10
held on
, 2006 by the following vote, to wit:
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Commission Members:
Navs
Abstain
Absent
Aves
12
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
13
14
16
17
18
19
20
Secretary
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,2006.
day of
The foregoing resolution is hereby approved this
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Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to Form and Legal Content:
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~t
Agency
By:
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4830-5504-1536.1
P:\AgcDdas\ResoluUons\Resolutions\2006\07-24-0S SalvatioD Army - CCN 746 West Sth Street COC Re$o.doc
Exhibit "A"
e APN: 0134-054 -07
THAT PORTION OF LOT 2, BLOCK 39, CITY OF SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 1 RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK;
THENCE EAST 75 FEET;
THENCE NORTH 275 FEET MORE OR LESS TO THE SOUTH LINE OF SPRUCE STREET
AS IT NOW EXISITS;
THENCE WEST 75 FEET;
THENCE SOUTH 275 FEET TO THE POINT OF BEGINNING.
APN: 0134-054-08
THAT PORTION OF LOT 2, BLOCK 39, CITY OF SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 1 RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
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BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK;
THENCE EAST 75 FEET;
THENCE NORTH 150 FEET TO THE POINT OF BEGINNING;
THENCE EAST 47 FEET;
THENCE NORTH 125 FEET;
THENCE WEST 47 FEET;
THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING.
APN: 0134-057-09
ALL THOSE PORTIONS OF LOT2 1 AND 2 IN BLOCK 39 ACCORDING TO MAP OF THE
CITY OF SAN BERNARDINO AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 150 FEET NORTH AND 122 FEET EAST OF THE
SOUTHWEST CORNER OF SAID LOT 2 THENCE NORTH 125 FEET, MORE OR LESS,
TO A POINT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2; THENCE EAST 37
FEET, MORE OR LESS, TO A POINT 140 FEET WEST OF THE EAST LINE OF LOT 1 OF
SAID BLOCK; THENCE SOUTH 125 FEET, MORE OR LESS, TO A POINT 150 FEET
NORTH OF THE SOUTH LINE OF SAID LOT 1; THENCE WEST 37 FEET TO THE POINT
OF BEGINNING.
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.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date A:ori; ~'~ \ C)~ Item # R'J?J R~solution #
Vote: Ayes \ (y Nays '-.L/"f-1_ Abstain~
Change to motion to amend original documents D Companion Resolutions
(DC' d-01J~ "'J-.~
Absent~
NulI/Void After: JJ /A-
days/
Resolution # On Attachments: D
PUBLISH D
POST D
RECORDW/COUNTY D
By:
Note on Resolution of attachment stored separately: D
~
Date Sent to Mayor:
Date of Mayor's Signature: Dr,
Date ofClerk/CDC Signature: 1/1 O~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
tJ/k
I
Date Returned:
2"d Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Reso. Log Updated: ~
Seal Impressed: D
Reso. # on Staff Report I2Q
Yes -./
No By_
No 7 By_
No /By_
No il/BY-
No By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney D Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
Notes:
Ready to File: ~
Date:
Revised 12/18/03