HomeMy WebLinkAbout1990-5224
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RESOLUTION NO. 5224
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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.
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RECITALS
A.
The Redevelopment Agency of the City of San Bernardino
71, ("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.
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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
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vested with the power to take any property or interest in property
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.
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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.
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24 NOW THEREFORE, it is resolved by the Community Development
25 Commission of the City of San Bernardino that:
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1.
The interest to be acquired in the hereinafter described real
28 property is a fee interest for public use consisting generally of
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community redevelopment purposes and the elimination of blight,
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deterioration and functional obso1escense in the Southeast Industrial
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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.
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(c) The real property or interest described in this Resolution
is necessary for the proposed project.
Cd) 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
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described by condemnation in accordance with the provisions of the laws
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of the Constitution of the State of California relating to eminent
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domain, and for an order permitting the Agency as Plaintiff to take
prejudgment possession of such property for use in the construction and
completion of such public improvements.
7.
The deposit or payment of money out of proper funds of the
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 REGULAR meeting thereof, held on the 8th day of Januarv
1990
f?~~ by the following vote, to wit:
AYES:
Commissioners Esther Estrada, Jess Flores, Michael
Maudsley, Valerie pope-Ludlam, Norine Miller.
NAYS:
NONE
ABSENT or
Jack Reilly, Tom Minor
ABSTAIN:
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See et_
REDEVELOPMENT AGENCY OF
THE CITY OF SAN
BERNARDINO
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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.
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The foregoing resolution is hereby approved this 8th
day
of January
, 19,&19 90
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Vice-Chairman of the Community
Development Commission of the
City of San Bernardino
Approved as to form
and legal co te t:
BY:
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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.
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03101
EXHIB IT "A"