HomeMy WebLinkAbout1993-5365
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RESOLUTION NO.
5365
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
AP;P~OVl;NG A ACQUISITION AGREEMENT BY AND BETWEEN
TH!::~EDEVEtoPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND DAVID A. MILLER AND DENYSE M.
MIL~~, AS HUSBANP AND WIFE, AND ALLAN SMITH, AS
POS!!' CONFIRMATI()tl. TRUSTEE OF THE BANKRUPTCY
ESTATE OF If. FRANK DOMINGUEZ, PERTAINING TO
-CERTAIN REAL' PROPERTY LOCATED WITHIN THE CENTRAL
CITY' REDEVELOPMENT PROJECT AREA
WHEREAS, the City of San Bernardino, California (the
"City"), is a municipal corporation and a charter city duly
created and existing pursuant to the Constitution and the laws of
the State of California; and
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commission") on behalf of the
Redevelopment Agency of the City of San Bernardino (the
"Agency"), is a redevelopment agency, a public body, corporate
and politic of the State of California, organized and existing
pursuant to the Community Redevelopment Law (Part 1 of
Division 24) commencing with Section 33000 of the Health and
Safety Code of the State of California (the "Act)"; and
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WHEREAS, the Redevelopment Plan for the Central City
Redevelopment Project (the "Redevelopment Plan") was previously
approved and adopted by the Community Development Commission of
the City of San Bernardino (the "Council") by duly authorized
Ordinance of the Council; and
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WHEREAS, the Redevelopment Plan provides for the
acquisition of real property for redevelopment purposes within
the redevelopment project area which is subject to the
Redevelopment Plan (the "Project Area") by the Agency; and
WHEREAS, Section 33391 of the Act provides that a
redevelopment agency may acquire real property within a
redevelopment project area for the purposes of redevelopment; and
WHEREAS, Agency is seeking to acquire certain real
property consisting of approximately~~3~o square feet of land
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generally located near the intersection of Fourth and "E" Street,
in the City of San Bernardino, County of San Bernardino, State of
California which is located within the Project Area (the
"Property"); and
WHEREAS, the Agency and David A. Miller and Denyse M.
Miller, as husband and wife, and Allan Smith, as post
confirmation trustee for the bankruptcy estate of H. Frank
Dominguez (collectively, the "Owner") desire to enter into a
certain Acquisition Agreement (the "Acquisition Agreement"), a
copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference, pursuant to which the Agency would acquire
the Property from the Owner; and
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WHEREAS, the Agency intends to cause the Property to be
used as a pubic parking lot to provide parking and in accordance
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therewi th, the Agency proposes to cause the development of
certain parking improvements on the Property; and
WHEREAS, the acquisition and development of the
Property will enable the Agency to provide pUblic parking to
residents and occupants of the Project Area and the City
generally and would also provide additional parking for use by
visitors and patrons of the County of San Bernardino Department
of PUblic Social Services; and
WHEREAS, it is reasonable and appropriate for the
Agency to approve the proposed Acquisition Agreement.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION,
ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1.
The Agency finds and determines that the
acquisition of the Property as described in the proposed
Acquisition Agreement is within the scope, terms and provisions
of the Redevelopment Plan.
Section 2.
The Agency hereby finds and determines
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that the acquisition of the Property pursuant to the terms of the
Acquisition Agreement is reasonable and necessary to effectuate
the purposes of the Redevelopment Plan to provide much needed
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public parking to employees, patrons and visitors of the County
of San Bernardino Department of Public Social Services which is
located in an adjacent building to the Property as well as to
occupants of the Project Area and the pUblic generally.
Section 3.
The Agency hereby approves the proposed
Acquisition Agreement and authorizes the Agency Chairman and
Secretary to execute the Acquisition Agreement with such non-
substantial changes as may be deemed necessary by the Agency
Chairman and Agency Counsel.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
~ SAN BERNARDINO .APPROVING A CERTAIN ACQUISITION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND 'DAVID A.'MI~ERA1lD DENYSE~. MILLER, AS HUSBAND AND WIFE,
ANDALLA,NSMITH,.AS POSTCONFIRKATION TRUSTEE OF THE BANKRUPTCY
ESTATE OF.H.. FRANK DOMINGUEZ, .PERTAINING .'1'0 CERTAIN REAL PROPERTY
LOCATED WITHIN THE CENTRAL CITY REDEVELOPMENT PROJECT AREA
Section 4.
The findings and determinations herein
shall be final and conclusive. This Resolution shall take effect
upon the date of its adoption.
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
10
day of
May
,
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1993, by the following vote, to wit:
Commission Members:
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ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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day of
The foregoing resolution
May , 1993.
derson
10
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Approved as to
form and legal content:
By: ~_tl....)
~gency Cou el -
8800\0001 \DOC\680
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