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HomeMy WebLinkAboutR42-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY ORIGiNAL OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Executive Director SUBJECT: Hearing - Resolution of Public Interest and Necessity for Acquisition of Real Property: 796 West 5th Street, San Bernardino, California DATE: May 25,2006 ._-----~---------_._--------------------------------------------------------.----------------------..------------------------------------------------------------------_.-------------_.----------- Svnopsis of Previous Commission/Council/Committee 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 proximity to the block bounded by 4'h, 5"', "G" and "H" Streets, the parcels on the north side of 5'h Street between "G" and "H" Streets, the 4 parcels on the northeast corner of 5'" and "G" Streets and 6 parcels on the south side of 5'" Street between "G" and "F" Streets (see Exhibit "A" - Study Area) 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 Community Development 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 witb CEQA, and; 2) approving a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency am! Watson and Associates Development Company, Inc. ("Watson") relative to the implementation ofthe Project. -----------_.--.-------------.---------------.-----------------------------------------------------------------.----------------------.-------------------------------------- Recommended Motion(s): Open/Close Hearing (Communitv Development 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 796 West 5'" Street, San Bernardino, California (APN: 0134-054-25) in the Central City North Redevelopment Project Area _________________....______________._..n_____________________________________.____________________....____________________.___________________.__n___________________--.-..--.-------- Project Area(s) Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Contact Person(s): Ward(s): Supporting Data Attached: I!'I Staff Report I!'I Resolution(s) 0 Agreement(s)/Contract(s)!;::[ Map(s) 0 Letters Approx. FUNDING REQUIREMENTS Amount: $ 336,000 Source: Low/Mod Housing Bond Proceeds SIGNATURE: Budget Authority: /7 . ;/ _ !J~~O-/C;Y ~",/u~ () Maggie Pacheco, Executive Director r 2005-2006 EDA Budget bu ~~U CY~J~~ ' Barbara Lindseth, Admin. Servic Director ..c.;;;;;..-;;;i;.sionico~;.-~iTN;;te;;:-.---=tf-'J)--TrLpiJOF~7:l)_.__._..m._______m__.__.__._____m._._m_.______.__.m_.m......_.__.m__m ______._.._______________________~________________________________________________~~________________________________n__________________________.___________________________.._______________ P:\Agendll5\Comm Dev Commission\CDC 2006\06.05.06 Resolution of Necessity . 7% West 5th St SR,doc COMMISSION MEETING AGENDA Meeting Date: 06/05/2006 Agenda Item Number: ~ 4847-4960.5888.1 o o o ECONOMIC DEVELOPMENT AGENCY STAFF REPORT HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 796 WEST SIH STREET. SAN BERNARDINO. CALIFORNIA BACKGROUND: On November 7, 200S, the Community Development Commission ("Commission") approved the Central City North Downtown Mixed Use Project Concept Plan ("Plan") and the Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Watson & Associates Development Co., Inc. ("Developer"). Through the Plan, the Agency will acquire certain properties in an effort to encourage and effectuate the redevelopment of certain real property ("Study Area") bounded by, Slh Street to the north, "G" Street on the east, "H" Street on the'west, and 4th Street on the south, including the north side of Slh Street between "H" Street and "G" Street, the four (4) parcels at the northeast comer of Sth Street and "G" Street, and the six (6) parcels at the southeast comer of Sth and "G" Street but excluding the new TELACU II Monte Vista Senior Housing Complex (Exhibit "A"). 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 Sth Street, with townhouses located immediately south of the mixed use development on the south side of Sth Street and on the west side of "G" Street. The Plan will also include complimentary parking and amenities, which will include high quality architectural and urban design. Moreover, the objective of the Plan 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 (from 3 different property owners) and 24 parcels remain to be acquired. On May 19, 200S and January 31, 2006 the Agency sent purchase offers ("Offer") to William R. Bland ("Property Owner") to purchase the property located at 796 West Slh Street, San Bernardino, California (APN: 0134-0S4-2S) ("Property"). The Agency obtained an updated appraisal of the Property and transmitted another Offer and Summary of Valuation in conformity with Government Code ~ 7267.2(b) to the owner ofrecord on May 4,2006 at his address on file with the office of the County Tax Assessor as shown on the last equalized county assessment roll, and the owner of record, William R. Bland, received the updated Offer but did not respond to the updated Agency Offer. In each Offer, the Property Owner was requested to convey free and clear title and additionally, free and clear of all leasehold interests in the Property by any tenants and any other parties, if applicable. The Property Owner has not responded nor accepted the Agency's Offers. The Property is improved with a gas service station that has been vacant for at least eight (8) years. The structure is dilapidated, in disrepair and is another example of blight within the Study Area and an impediment to the economic rebirth of the Study Area. 4847-4960-5888,1 COMMISSION MEETING AGENDA Meeting Date: 0610512006 Agenda Item Number: ~ P:\Asendas\Comm Dcv Commiuion\CDC 2006\06-05-% Resolution ofNecessily - 796 West 5lh 51 SR.doc o o o Economic Development Agency Staff Report CCN Property Acquisition-APN: 0134-054-25 Page 2 CURRENT ISSUES: Consequently, in conformance with the Code of Civil Procedure Section 1245.235, on May 11, 2006, a notice of the June 5, 2006 hearing on adopting a Resolution of Public htterest and Necessity was sent by certified 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. Notice of the Hearing was also posted on the Property and mailed to all known tenants. The Hearing by the Commission and the adoption of the Resolution of Public htterest 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 DubHe interest and necessity requires the acquisition of the ProDertv: The Agency has an agreement for a Plan that includes this Property. During the past year, the Agency has acquired six (6) parcels of land 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. 2. The Proiect is Dlanned or located in a manner that will be most comDatible with the l!reatest Dublic l!ood and the least Drivate iniurv: 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. 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 inadequate lot size. Redevelopment of the Property will eliminate blight and provide needed residential and retail development in the Project Area and assist with elimination of blight in other areas in proximity to the Project. 3. The subiect ProDertv is necessarY for the Proiect: The Agency previously acquired six (6) 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. 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 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, abandoned properties, absentee owners, high crime (91 Part I Crimes for the period of January 11-April 11, 2006; 436 Part I Crimes for 2005 and 426 for 2004) and code compliance cases. 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. 4847-4960-5888.1 COMMISSION MEETING AGENDA Meeting Date: 0610512006 Agenda Item Number: ~ P:\Alllmdas\Comm Dev Commission\CDC 2006\06-0j-06 Resolution orNecessily. 796 West Sth 5t SR.doc: o o , 10 I I I Economic Development Agency Staff Report CCN Property Acquisition-APN: 0134-054-25 Page 3 4. The Government Code 6 7267.2(a) offers have been made to the record ProDertv Owner: On May 19,2005, January 31,2006 and May 4,2006 the Agency submitted formal acquisition offers to the Property Owner of the subject Property. The offers comply with Government Code ~ 7267.2. The Property Owner has not responded to these offers. ENVIRONMENTAL IMPACT: On or about September 7, 2004, the Cornmunity 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 ElR 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. FISCAL IMPACT: Based on the appraisal, the appraised value of the subject Property is $240,000 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $336,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. /-j , (, ,=,-=", li( /) Maggie Pacheco, Executive Director 4847-4960-5888.\ COMMISSION MEETING AGENDA Meeting Date: 06/0511006 Agenda Item Number: ..f/.. cp.. P:\Asendas\Conun Dev CommissionICDC 2006\06-0S-06 Resolution ofNecessily. 796 West Slh St SR.doc Exhibit "A" o SIXTH t I r w Ii a: l- f/) J ]~ ~. _.~. -- ~ ~ '. m STREET ~ "..... ... -- .." SPRUCE . ..: I ~TRl;Ei r '-'-"....... ~.---~l .SI K~...I.' ~ ' @ @ Bland AFTH STREET . :z: . . . (~) ... '0. . '. ~', .r- .~ r FOURTH / .. . - STflEET 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 I 0:: RESOLUTION NO. 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 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-25) IN THE CENTRAL CITY NORTH 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 assemble and acquire real property for community redevelopment purposes in the Central City North Redevelopment Project Area ("Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone without community redevelopment assistance; and WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on March 14,2005, the Agency mailed a notice to the owner ofrecord of the real property located within the Project Area as described below and informed such persons that the Agency intended to appraise the property for possible acquisition; and WHEREAS, the Agency retained the services of an appraiser to appraise the property and the appraiser has reported an opinion of the fair market value of the improved property located at 796 West 5th Street, San Bernardino, CA 92410 (APN: 0134-054-25) (the "Property"); and 4830-5504-1536.1 1 P:\Agendas\Resolutions\Resolurioas\2006\06-05-05 Bland - eeN 796 West Sib SI CDC Reso.doc 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 o 20 WHEREAS, the Property is improved with a gas service station that has been vacant for at least eight (8) years and is dilapidated, in disrepair and is another example of blight within the Project Area that is an impediment to the economic rebirth of the Project Area; and WHEREAS, based upon such real property appraisal report, the Commission authorized the Agency to send a purchase offer to the owner of record, to attempt to purchase the Property at the appraised value in lieu of condemnation, and on May 19, 2005 and January 31, 2006, the Agency mailed a purchase offer to the owner of record of the Property based on the appraised value of the Property described in this Resolution; and WHEREAS, the Agency transmitted the offer to purchase the Property situated within the Project Area, based on the appraised value on May 19,2005 and January 31, 2006, to the owner of record of the Property at the address on file with the office of the County Tax Assessor, as shown on the last equalized county assessment roll and the owner of record, William R. Bland, received the offers but did not respond to the Agency's offers; and WHEREAS, the Agency obtained an updated appraisal of the Property and transmitted another offer and summary of valuation in conformity with Government Code ~ 7267.2(b) to the owner of record on May 4, 2006 at the address on file with the office of the County Tax Assessor as shown on the last equalized county assessment roll, and the owner of record, William R. Bland, received the updated offer but did not respond to the updated Agency offer; and 2l. WHEREAS, the Agency has not been able to satisfactorily complete a negotiated purchase with the owner of record of the Property to acquire the Property for community redevelopment purposes; and 22 23 24 WHEREAS, the Commission may serve as the "lead agency" as defined in the California Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review in connection with the acquisition of the Property; and WHEREAS, on November 7, 2005, the Commission adopted Resolution No.CDC/2005- 39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the 26 27 28 4830-5504-1536.1 2 P:\Agcndas\Resolutions\Resolurions\2006\06-0.5-O.5 Bland. eCN 796 West 5th St CDC Reso.doc 1 02 13 14 0 15 16 17 18 19 20 21 22 23 24 o 3 "Agreement") by and between the Agency and Watson and Associates Development Company, Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downtown Mixed Use Project Plan (the "Plan") and for the Project (the "Project") described in more detail in the CEQA Initial Study dated October I 1,2005; and WHEREAS, on or about September 7, 2004, the Agency considered and certified Environmental Impact Report SCH#2003031072 (the "EIR") in accordance with the CEQA for the Project Area, and the acquisition of Property contemplated within the Plan and for the Project is consistent with the EIR; and WHEREAS, Part I Crimes within the area of the Plan and Project were reported as 91 incidents of crime for the period January I I through April I I, 2006; and 436 for 2005 and 426 for 2004; and WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent domain proceeding, if necessary; and WHEREAS, on May I I, 2006, notice of intent to adopt this Resolution was mailed to the owner of record of the Property, William R. Bland, at the address of record on file at the office of the County Tax Collector and at the last known address for the owner of the Property, and notice was also published in the Sun newspaper on May 15,2006; and WHEREAS, on June 5, 2006, after not less than fifteen (15) days written notice to the 4 5 6 7 8 9 10 11 12 owner of the Property, the Commission conducted a hearing for the purpose of affording the owner 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 the Plan and 25 community redevelopment purposes; and 26 WHEREAS, the Commission has determined as a result of such hearing on June 5, 2006, that the public health, safety and welfare require the Agency to acquire the subject Property for community redevelopment purposes and to facilitate the Project. 27 28 4830-5504-1536.1 3 P:\Agendas\Rcsolutions\Resolulions\2006\06-0S-OS Bland. eeN 196 WcslSth 51 CDC Rcso.doc 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 o NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: Section 1. The information set forth in the above recitals of this Resolution is true and correct. Section 2. The real property to be acquired under the authority of this Resolution is located in the Project Area in the City of San Bernardino, California, and is also known as 796 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parcel Number 0134-054-25). The Property is more particularly described in the legal description attached as Exhibit "A." 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 every possessory interest and all easements and appurtenances to the Property. Section 3. On May 11, 2006, the Agency transmitted a notice of hearing to the known owner of record (William R. Bland) at 2947 North Mountain View Avenue, San Bernardino, California 92405, and on May 15, 2006, a notice was published in the Sun newspaper, and a copy of such notice of hearing is on file with the Agency. Section 4. The Commission acknowledges receipt of the written reports and 22 information relating to the Project Area, including the Staff Report and Agreement between the Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports, and oral reports and information submitted to the Commission during the course of the hearing conducted on June 5, 2006. Section 5. The Commission on behalf of the Agency finds and determines that the hearing conducted by the Commission on this matter on June 5, 2006, was full and fair, and that each interested person has been afforded a full and fair opportunity to present evidence and testimony relating to assembly of land for the Plan, and the matters described in Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by the 23 24 25 26 27 28 4830-5504-1536.1 4 P:\Agendas\Resolutions\Resolulions\2006\06-0S-OS Bland. eeN 796 West Slh SI CDC Reso.d(X: o 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 1 Commission for community redevelopment purposes by the exercise of eminent domain and 2 other relevant matters. 3 The Commission declares its intent to acquire the Property for the Plan Section 6. and community redevelopment purposes in the name of the Agency in accordance with the laws of the State of California including the Community Redevelopment Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further finds and determines that all of the prerequisites to the exercise of eminent domain by the Agency with respect to such acquisition of the Property for the Plan have been met. Section 7. The Commission has found and determined that the acquisition of the Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration adopted by the Community Development Commission on November 7, 2005 and a Notice of Determination was filed with the Clerk of the County on November 10,2005. 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 Project Area, which are documented and described in more detail in the 2004 EIR and CEQA Initial Study dated October 11, 2005, which Initial Study and Mitigated Negative Declaration was approved on November 7, 2005, and to provide for the orderly redevelopment of the Property and other real property included in the Project Area. The assembly and redevelopment of the Property is necessary as the Project Area displays a number of conditions of blight, including without limitation prevalence of absentee owners, high volume of code compliance cases, crime statistics substantially higher than the City rate, the presence of old structures that show signs of 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 or substantially hinder the economically viable use of such real property in its present condition. For the period of January II through April 11,2006, the number of Part I Crimes within the 4830-5504-1536.1 5 P:\Agcndas\Resolulions\Resolulions\2006\06..0S-oS Bland - CCN 796 Wesl Slit 5t CDC Reso.doc 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 24 25 26 27 I 0 28 I area of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For the period 2004, there were 426 Part I Crimes. For the period of January II through April II, 2006, this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape, assault, robbery, burglary, grand theft auto and other theft. Crimes such as drug use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisition 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 the elimination of blight and assist with the redevelopment of the Project Area, and assist with elimination of blight in other lands in proximity to the Project Area. The Plan and the Project include without limitation mixed income and mixed commercial and residential uses. (b) The Plan and the Project are 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 Plan and 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 under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners, tenant occupancy, high crime and code compliance cases, property tax liens and inadequate public improvements. (c) The Property described in this Resolution is necessary for the Plan and the Project, as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan to eliminate blight and provide for the redevelopment and improvement of the other lands owned 23 by the Agency within the Project Area. (d) The purchase offer required by Government Code Section 7267.2 has been mailed to the owner of record of the Property by the Agency, and the Agency has not been successful in acquiring the Property based upon the conditions contained within the offer. The Commission deems it appropriate and necessary to approve the Agency acquisition of the Property for assembly for the Plan and the Project. 4830-5504-1536.1 6 P:\A.gcndas\Resolutions\Rcsolutions\2006\06..0S.oS Blind - eeN 796 West 5th 51 CDC Reso.doc o 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 1 The law fmn of Lewis Brisbois Bisgaard & Srnith LLP as legal Section 9. (a) 2 counsel to the Agency ("Legal Counsel"), 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. (b) The sum payable by the Agency as probable compensation for the acquisition of the Property by eminent domain, as determined by the appraisal, may, in the discretion of Agency Legal 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 of Agency 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 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 Legal Counsel to the Agency. (c) Agency Legal Counsel is also authorized, subject to the approval of the Executive Director, to engage in settlement negotiations and, if possible, arrange for purchase of the Property in lieu of condemnation at the appraisal price prior to or subsequent to filing a condemnation complaint to commence acquisition of the Property by eminent domain. Section 10. The Secretary of the Commission is authorized and directed to certify the adoption of this Resolution. This Resolution shall take affect upon adoption. 3 4 /1/ /1/ /1/ /1/ /1/ /1/ /1/ //1 /1/ /1/ 4830-5504-1536.1 7 P:\Agendas\Rcsolulions\Resolutions\2006\06.0S-oS Bland - CCN 796 Wesl 5th 5t CDC Reso.doc o o 15 o 28 1 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 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-25) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this _ day of ,2006. 7 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: 11 Commission Members: Aves Navs Abstain Absent 12 ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 13 14 16 17 18 19 20 Secretary 21 The foregoing resolution is hereby approved this day of ,2006. 22 23 24 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 25 26 Approved as to Form and Legal Content: 27 ~~ Agency Coun ei By: 4830-5504-1536.1 8 P:\Agendas\RcsolutioDs\Resolutions\2006\()6..()S-OS Bland - CCN 796 West 5th SI COC Rcso.doc / o o 10 I I I i I ." -: EXHIBIT "A" Legal Description PARCEL 1. THAT PORTION OF LOT 4, BLCOK 39, AS PER PLAT THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 136 FEET; THENCE WEST 50 FEET; THENCE SOUTH 136 FEET; THENCE EAST 50 FEET TO THE PoINT OF BEGINNING. PARCEL 2. ALL THAT PORTION OF LOT 4, BLOCK 39, 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 4; THENCE NORTH ALONG THE WEST LINE OF SAID LOT, 167 FEET, MORE OR LESS, TO A POINT 131 FEET SOUTH OF THE NORTH LINE OF SAID LOT; THENCE EAsT 100 FEET, MORE OR LESS, TO A POINT 48 FEET WEST OF THE EAST LINE OF SAID LOT 4; THENCE SOUTH TO A POINT 136 FEET NORTHOF THE SOUTH LINE OF SAID LOT; THENC WEST 2 FEET; THENCE SOUTH 136 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50 FEET THEREOF. , . ""- . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 0/5 } 0 (P Item # K '-I J... . I"\~I/ / ry Vote: Ayes ) 0\" 'J) \P Nays J Change to motion to amend original documents ~ Null/Void After: II 114 days / Resolution # On A~: 0 Note on Resolution of attachment stored separately: 0 Abstain -tJ-- toe J-DDb - IS- Absent 3 ~ 'f Resolution # Companion Resolutions PUBLISH 0 POST 0 RECORDW/COUNTY 0 By: Date Sent to Mayor: <.plt/DG b-l- DG Date of Mayor's Signature: Date of ClerklCDC Signature: Reso, Log Updated: ft Seal Impressed: ~ Reso, # on StaffRepo~' Date Memo/Letter Sent for Signature: 1" Reminder Letter Sent: Date Returned: 2'd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413,6429,6433,10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control 0 EDA R Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: , J CJJp1 P ~.J fn ~IYI & Ready to File: _ Date: Revised 12/18/03