HomeMy WebLinkAboutR27-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
SUBJECT: HEARING - RESOLUTION OF PUBLIC
INTEREST AND NECESSITY FOR
G \ N A L ACQUISITION OF REAL PROPERTY:
O R \ 2072 AND 2095 N. NEWCOMB STREET
DATE: May 6,2004 (APN 1191-021-18 AND 1191-021-22), SAN
____________________________________________________________________________!!~~~RD~i>_'_ CALIFORNIA
Svnopsis oCPrevious Commission/Council/Committee Actiop(s):
FROM:
Maggie Pacheco
Deputy Director
On September 15, 2003 the Community Development Commission and the Mayor and Common Council approved a
Redevelopment Cooperation Agreement by and among the Inland Valley Development Agency (lVDA), Redevelopment
Agency of the City of San Bernardino and the City of San Bernardino 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").
Recommended Motion(s):
OPEN/CLOSE HEARING
(Community 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 2072 AND 2095 N_ NEWCOMB STREET, SAN BERNARDINO,
CALIFORNIA (APN 1191-021-18 AND 1191-021-22) IN THE INLAND VALLEY
REDEVELOPMENT PROJECT AREA
Contact Person(s):
Maggie Pacheco
Inland Valley
Redevelopment Project Area
Phone:
(909) 663-1044
Project Area(s)
Ward(s):
7
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Approx. Community Development Block Grant
FUNDING REQUIREMENTS Amount: $ 56,000 Source: (CDBG)
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SIGNATURE:
Commission/Council Notes:
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P:\CDBG Dept\Maggie\Draft Docs\04-05-17 Arden Guthrie StalTReport vcr MP Revised.doe
COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: ~ 1
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Hearinl!: - Resolution of Public Interest and Necessity for Acquisition of Real Property: 2072
and 2095 N. Newcomb Street (APN 1191-021-18 And 1191-021-22),
San Bernardino. California
BACKGROUND/CURRENT ISSUE:
On February 10, 2004, the Agency sent purchase offers to the Property Owner of the real property
located at 2072 and 2095 N. Newcomb Street, San Bernardino (the "Parcels"), 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, a notice of the
May 17, 2004 hearing on adopting a Resolution of Public Interest and Necessity was sent by first
class 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 Public 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 Parcels: Although no
specific development has been proposed at this time, the Parcels are subject to sale for
delinquent property taxes and are available for purchase. Over the past several years, the
Agency has acquired a number of parcels of land within the vicinity of the Parcels as the
opportunity arose. The Agency now believes it is appropriate to continue this program of land
assembly and to acquire these additional Parcels ("Project") to provide sufficient contiguous
land for potential future commercial development. The acquisition of the Parcels 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.
2. The proposed 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: The Property Owner has not
paid property taxes for several years and the Parcels are 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, 2003, 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
properties within the Project Area and to prevent the spread of blight in the Project Area into
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P:\CDBG Dept\Maggie\Draft Docs\04-05-17 Arden Gutllrie SlalTReport verMP Revised.doc COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: ~ 7
Economic Development Agency Staff Report
Arden-Guthrie Property Acquisition
Page 2
other surrounding neighborhoods and communities. As noted above, the Agency and the
IVDA entered into the 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 Parcels are 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 Parcels, prevent or substantially hinder the economically viable use of such real
property in their present condition and City zoning classification. Redevelopment of the
Parcels 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 Parcels are necessarv for the proposed Proiect: The Agency previously
acquired several parcels of real property in the vicinity of the Parcels, and desires assembly of
these additional Parcels ("Project") to provide sufficient contiguous land for future
commercial, retail and recreational uses in the Project Area. The Project is plarmed or located
in the marmer 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 & 7267.2(a) offers have been made to the record property owners:
On February 10, 2004, and again on March 3, 2004, the Agency submitted formal acquisition
offers to the property owner for the subject Parcels. 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
plan designation and all applicable general plan policies as well as with applicable zoning designation
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COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: U7
Economic Development Agency Staff Report
Arden-Guthrie Property Acquisition
Page 3
and regulations; (b) the proposed Project, which in this case consists of the acquisition of small,
isolated parcels of vacant land, of which together include approximately 14,000 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:
The cost to acquire the subject Parcels is approximately $42,200 plus court costs normally associated
with condemnation proceedings.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: t.J. 7
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RESOLUTION'P~ !O)"0/l
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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 2072 AND 2095 N.
NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (APN 1191-
021-18 AND 1191-021-22) IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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
Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located
in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment
Law; and
WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission"), as the governing board of the Agency, has authorized the Agency to
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assemble, and acquire real property for community redevelopment purposes in the Arden-
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Guthrie neighborhood (the "Arden-Guthrie hnplementation Area"); and
WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasive
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symptoms of blight that cannot be remedied by private parties acting alone without community
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redevelopment assistance; and
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WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire real
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
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lands in close proximity to the former Norton Air Force Base; and
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WHEREAS, the Arden-Guthrie Implementation Area IS located within the IVDA
Project Area; and
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, on January 28, 2004, the Agency mailed a notice to the owners of record of
the real property located within the Arden-Guthrie Implementation Area as described below,
(the "Property") and informed such persons that the Agency intended to appraise the Property
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for possible acquisition; and
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WHEREAS, the Agency has retained the servIces of an appraiser to appraise the
Property and the appraiser has reported an opinion of the fair market value of the properties
located at 2072 N. Newcomb Street, San Bernardino, CA 92404 (APN 1191-021-18) and 2095
N. Newcomb Street, San Bernardino, CA 92404 (APN 1191-021-22) (collectively the
"Property"); and
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WHEREAS, based upon such real property appraisal report, the Commission authorized
the Agency to send purchase offers to the owners of record, to attempt to purchase the Property
at the appraised values in lieu of condemnation, and on February 10, 2004, the Agency mailed
purchase offers to the owners of record of the Property based on the appraised value of each
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parcel of the Property described in this Resolution; and
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WHEREAS, the Agency transmitted offers to purchase the Property situated within the
Project Area, based on the appraised values, to the owners of record of the Property; and
WHEREAS, the purchase offers mailed to the owners of record of the Property, at the
address on file with the office of the County Tax Assessor, was returned by the Post Office
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undelivered, and after diligent inquiry and reasonable research no additional address for the
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owner(s) could be located; and
WHEREAS, the owners of record of the Property have (has) not accepted the purchase
offers submitted by the Agency; and
WHEREAS, the Agency has not been able to satisfactorily complete a negotiated
purchase with the owners of record of the Property to assemble and acquire the Property for
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community redevelopment purposes; and
WHEREAS, 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; and
WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined
in the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, the
Commission may serve as the "lead agency" as defined in CEQA for the purpose of conducting
an environmental review in connection with the acquisition of the Property; and
WHEREAS, for the proposed CEQA analysis at this time the proposed project consists
of land assembly of isolated parcels of vacant real property in support of the redevelopment of
the Arden-Guthrie Implementation Area; and
WHEREAS, the Property is subject to real property tax liens for delinquent tax
payments, that could result in sale of the Property by the County Tax Collector to a third party
to satisfy delinquent property taxes; and
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WHEREAS, on April 23, 2004, notice of intent to adopt this Resolution was mailed to
the owners of record of the Property, Thomas E. Williams and Crystal 1. Williams, et al.; and
WHEREAS, on May 17,2004, after not less than fifteen (15) days written notice to the
owners of the Property, the Commission conducted a hearing for the purpose of affording the
owners of the Property a reasonable opportunity to appear and be heard on the matters referred
to in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other
prerequisites for the exercise of eminent domain to acquire the Property for community
redevelopment purposes; and
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WHEREAS, the Commission has determined as a result of such hearing on May 17,
2004, that the public health, safety and welfare require the Agency to acquire the subject
Property for community redevelopment purposes.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section 1.
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and correct.
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Section 2.
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(the "Property") is
The information set forth in the above recitals of this Resolution is true
The real property to be acquired under the authority of this Resolution
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located in the Arden-Guthrie Implementation Area in the City of San
Bernardino, California, and is also known as 2072 and 2095 N. Newcomb Street, San
Bernardino, California 92404 (San Bernardino County Assessor Parcel Numbers 1191-021-18
and 1191-021-22). The Property is more particularly described in the legal descriptions
attached collectively as exhibits "A-I" and "A-2." The interest in the Property to be acquired
consists of all of the fee simple absolute title interest in the Property, and all of the right, title
and interest of each person and owner of the Property including the acquisition of each and
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every possessory interest and all easements and appurtenances to the Property.
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Section 3.
On April 23, 2004, the Agency transmitted a notice of hearing to each
known owner of record (Thomas E. Williams and Crystal L. Williams, et aJ.) 1922 Red Mill
Circle, Tustin, CA 92780, and copies of such notices of hearing are on file with the Agency.
Section 4.
The Commission acknowledges receipt of the written reports and
information relating to the implementation of the Cooperation Agreement in the Arden-Guthrie
Implementation Area, including the preliminary discussions of the Agency staff with third
parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, or
portions thereof, and the appraisals of the Property, staff reports, and oral reports and
information submitted to the Commission during the course of the hearing conducted on May
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17,2004.
Section 5.
The Commission on behalf of the Agency finds and determines that the
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hearing conducted by the Commission on this matter on May 17, 2004, was full and fair, and
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all interests in it, by the Authority for community redevelopment purposes by the exercise of
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Eminent Domain and other relevant matters.
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Section 6.
The Commission declares its intent to acqUire the Property for
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community redevelopment purposes in the name of the Agency in accordance with the laws of
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the State of California including the Community Redevelopment Law and Health and Safety
Code Sections 33391 and 33492.40, and pursuant to the Cooperation Agreement (the "Project").
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The Commission further finds and determines that all of the prerequisites to the exercise of
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eminent domain by the Agency with respect to such acquisition of the Property for the Project
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have been met.
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Section 7.
The Commission has found and determined that the acquisition of the
Property for the Project is an activity which is covered under a categorical exemption of the
CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a
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finding of categorical exemption for the Project and the acquisition of the Property has been
filed with the Clerk of the County.
Section 8.
In accordance with the provisions of Code of Civil Procedure Section
1245.230 the Commission finds, determines and declares as follows:
(a) The public interest, convenience and necessity require the acquisition of the
Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthrie
Implementation Area and to provide for the orderly redevelopment of the Property and other
real property included in the Arden-Guthrie Implementation Area. The assembly and
redevelopment of the Property is necessary as the Arden-Guthrie Implementation Area displays
a number of conditions of blight, including the presence of old structures that show signs of
dilapidation and deterioration and small or substandard lot sizes within the Arden-Guthrie
Implementation Area, including the subject Property, and a diverse pattern of land ownership
which prevent or substantially hinder the economically viable use of such real property in its
present condition and City zoning classification. Acquisition and assembly of the Property for
community redevelopment purposes, together with other lands already owned by the Agency in
the Arden-Guthrie Implementation Area, will foster the elimination of blight and assist with the
redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of blight
in other lands in proximity to the Arden-Guthrie Implementation Area.
(b) 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 Arden-Guthrie Implementation Area displays a number of symptoms of blight.
The Project shall also facilitate the completion of a land assembly program previously initiated
by the Agency and foster the reuse of a developed urban area that has stagnated in recent years
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under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, and
inadequate public improvements.
(c) The Property described in this Resolution is necessary for Project as its
acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight and
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provide for the redevelopment and improvement of the other lands owned by the Agency within
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(d)
The purchase offer required by Govemment Code Section 7267.2 has been
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mailed to the owners of record of the Property by the Agency, and the Agency has not been
successful in negotiating a purchase of the Property with such owners based upon such offers of
the Agency on terms that are acceptable to the owners of the Property. The Agency has asked
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the Commission to approve its acquisition of the Property for assembly for future
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redevelopment.
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Section 9.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
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legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the
name of the Agency such proceedings in the court having jurisdiction, as may be necessary for
the acquisition of the Property.
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provided by law, or upon the recommendation of Agency special legal counsel to the County
Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be
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acquired by such condemnation proceedings, in such other manner as such interested person(s)
may request in writing, subject to the approval of the Executive Director and special legal
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counsel to the Agency.
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The Resolution shall become effective immediately upon its adoption.
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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 2072 AND 2095 N.
NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA (APN 1191-
021-18 AND 1191-021-22) IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the
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Community Development Commission of the City of San Bernardino at a
meeting
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thereof, held on the
day of
, 2004, by the following vote to wit:
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Commission Members:
Aves
Navs
Abstain
Absent
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Secretary
19 The foregoing resolution is hereby approved this
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day of
,2004.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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By:
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