Loading...
HomeMy WebLinkAboutR07-Redevelopment Agency r, () n REbr!VELOPMENT AGENCY -ACQUEST FOR .,;OMMISSION/COUNCIL . .~ Ae;flON Subject: AUTHORIZATION TO ACQUIRE PROPERTY - BASELINE & MUSCOTT CONDEMNATION PROCEEDING AND AUTHORIZATION TO PROVIDE UNCONDITIONAL OFFERS TO PURCHASE Glenda Saul, Executive Director From: ~ .... I '"".Jt: Redevelopment Agency Date: November 10, 1986 Synopsis of Previous Commission/Council ection: 6/2/86 7/21/86 7/21/86 7/31/86 9/8/86 10/20/86 Authorized RFQ/RFP for development of Baseline & Muscott, Approved Exclusive Right with Alexander Haagan. First UDAG Public Hearing. Second UDAG Public Hearing Resolution 4921 & 4982 granting approval to acquire properties by negotiation and to order appraisals of each parcel, Motion for staff to acquire properties at appraised value, subject to acquisition of all properties comprising 18,4 acre site. Recommended motion: (COMMUNITY DEVELOPMENT COMMISSION) a) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE REDEVELOPMENT AGENCY'S SECRETARY TO EXECUTE AND DELIVER NOTICE OF HEARING ON ADOPTION OF A PROPOSED RESOLUTION AUTHORIZING THE ACQUISITION BY POWER OF EMINENT DOMAIN OF CERTAIN PARCELS OF REAL PROPERTY IDENTIFIED AS APN 143-171-01, APN 143-171-02, APN 143-171-03, APN 143-171-10, APN 143-171-12, APN 143-171-19, APN 143-171-20, APN 143-171-21, LOCATED WITHIN THE NORTIOO:ST PROJECT AREA, IF NEGOTIATIONS FOR SAID ACQUISITION FAIL, '0 b) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE APPRAISALS OF CERTAIN PROPERTIES IN THE NORTHWEST REDEVELOPMENT PROJECT AREA, AND AUTHORIZING UNCONDITIONAL OFFERS FOR THE PURCHASE OF PROPERTIES DESIRED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR DEVELOPMENT OF A SHOPPING CENTER, ./1. . L/ >- !i--, ~ L^ ~'T ~ f-{.-4, Signature Contact person: Glenda Saul or Sandy Lowder Phone: 383-5081 Ward: 6TH Project: Northwest Date: 11-17-86 FUNDING REQUIREMENTS: Supporting data attached: YES Amount: $ 1,600,000 No adverse Impact on City: Cncil Notes: Agenda Item NO.~ fl I .. l , CITY OF f1 SAN BERNARDI~O - t' ~ REQU~;o;T FOR COUNCIL AC"~.ON STAFF REPORT '- Recommendation is being made for a Resolution authorizing Agency to acquire certain properties by Power of Eminent Domain, and to present unconditional Offers to Purchase pursuant to condemnation law, BA.CKGROUND The UDAG application for the Base Line and Muscott shopping center has been placed on the Funding List to be reconsidered in January, 1987, One area that must be evidenced is the Agency's willingness to gain control of the site. Eight (8) ownerships will be effected, On September 8, 1986 the Commission authorized Staff to negotiate for the acquisition of these sites. Since September 8, 1986, letters have been sent to each party holding possible interest in and to subject properties, requesting appointments to initiate negotiations. To date, negotiations have ensued with five of the eight property owners, each of whom were given a copy of the Appraisal, dated August 29, 1986 by C. M. Benefiel, Real Estate Appraiser. And, a proposal was made to each owner to purcliase their respective properties for the appraised value. As a result of these negotiations, we have three properties presently in escrow. The remaining properties are victim to rapacious requirements of the seller resulting in a stagnation in the negotiations. "; I V Staff feels that it is imparative to finalize the acquisitions by January 1987, It has become apparent that we will not meet this deadline if we continue on our present course. Therefore, condemnation proceedings will, in all probability, expedite the transactions and conclude the preliminary steps to developing this badly needed shopping center. PROPOSED RESOLUTION Condemnation proceedings are proposed for the following properties and can be further identified on the attached platt was: PARCEL NO. OWNER APPRAISED VALUE 143-171-21 143-171-19 143-171-12,20,10 143-171-01,02,03 Clark, Willie Kellog, Lillian Manzo/Prince Verd/Canberras 80,000,00 45,000.00 339,900.00 249,000.00 Summary Staff has made initial preparations for the loan required to complete the total acquisition with First Interstate Bank. '- The properties owned by Meissner, Tillie and Butler/Pullee are in escrow and proceedings on schedule. Resolution 4955 and 4956 have been approved granting authoriztion for condemnation proceedings to be initiated for acquisition of the parcel owned by Mr. and Mrs, Flores (see attached map), .. 7s..0~'" Pursuant to Condemnation law, an unconditional offer must be presented to the property owners prior to any and all legal proceedings. Motion (b) will grant authority to accept a cash sale with ~ contingencies, and thus meet the legal requirements. - '- ...... - ....., - ....J :) 1 RESOLUTION NO, 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE APPRAISALS OF CERTAIN 3 PROPERTIES IN THE NORTHWEST REDEVELOPMENT PROJECT AREA, AND AUTHORIZING UNCONDITIONAL OFFERS FOR THE PURCHASE OF 4 PROPERTIES DESIRED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR DEVELOPMENT OF A SHOPPING CENTER. 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Findinqs, Certain properties in the 8 Northwest Redevelopment Project Area are desired by the 9 Redevelopment Agency of the city of San Bernardino for the 10 development of a shopping center at the northeast corner of 11 Baseline Street and Medical Center Drive (formerly Muscott 12 street). Such parcels have been appraised by a qualified 13 appraiser. The parcels sought, identified by Assessor's ., 14 parcel number, and the appraised value thereof, are as \J ....... 15 follows: 16 17 18 19 20 APN 143-171-01, APN 143-171-02 and APN 143-171-03, $ 249,000 APN 143-171-10, APN 143-171-12 and APN 143-171-20, $ 339,000 APN 143-171-19, $ 45,000 APN 143-171-21, $ 80,000 SECTION 2. Implementation. 21 A. Pursuant to the provisions of Government Code Section 22 7267.2, the community Development Commission hereby approves 23 the appraisals specified hereinabove, and establishes the sums 24 specified above as the amount which it believes to be just 25 compensation for each such parcel or group of parcels, 26 B, The Executive Director of the Redevelopment Agency of 27 the City of San Bernardino is hereby authorized and directed 28 to offer to the owners of record of each of the parcels -1- {~ " ~ '- ~ '- .--. . ,,-,' ... '-' ,... ........ c :> 1 specified above the sum specified for purchase of such 2 property. The offers shall be made to the owners of record of 3 each such parcel, as specified in Government Code Section 4 7267,2, and the Executive Director is also authorized and 5 directed to serve a copy of the offer upon other parties known 6 by her to claim an interest in any such parcel of property. 7 The staff of the Redevelopment Agency of the City of San 8 Bernardino is authorized to purchase such parcels of property 9 for the sums specified hereinabove, in cash, without any 10 condition other than that good, marketable title in fee simple 11 is conveyed to the Redevelopment Agency for any such property 12 purchased. The Agency shall also provide to the owner or 13 owners of such parcels of property a written statement of, and 14 summary of the basis for, the amount established as just 15 compensation, The owner or owners shall be permitted to 16 review a copy of the appraisal upon which the offer is based, 17 C, A similar offer shall be made by the Executive 18 Director to Florence Jacoby Flores as to APN 143-171-8, APN 19 143-171-17 and APN 143-171-24, for the acquisition of which a 20 hearing has previously been established by resolution of the 21 Community Development Commission, 22 Dated: 23 24 Approved as to form: 25 AGENCY COUNSEL 26 27 28 By4/h.. ~ Allen -R. Briggs -2- "'- - i '""' - '- <I . W ...... ........ v J ...., 1 The foregoing resolution was duly adopted by the following 2 vote, to wit: 3 4 AYES: Members 5 NAYS: 6 7 ABSENT or 8 ABSTAIN: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- C 1 ~ \".. 2 3 4 5 6 i 8 9 10 11 12 13 ~; 14 \.." 15 16 Ii 18 19 20 21 22 23 24 25 26 2i \- 28 c ~ o RESOLUTION NO, RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE REDEVELOPMENT AGENCY'S SECRETARY TO EXECUTE AND DELIVER NOTICE OF HEARING ON ADOPTION OF A PROPOSED RESOLUTION AUTHORIZING THE ACQUISITION BY POWER OF EMIN3NT DO~~IN OF CERTAIN PARCELS OF REAL PROPERTY IDENTIFIED AS APN 143-171-01, APN 143-i71-02, APN 143- 171-03, APN 143-171-10, APN 143-171-12, APN 143-171-19, APN 143- 171-20, AND APN 143-171-21, LOCATED WITHIN THE NORTHWEST PROJECT AREA, IF NEGOTIATIONS FOR SAID ACQUISITION FAIL. WHEREAS, the City of San Bernardino has approved and adopted the Redevelopment Plan for the Northwest Project Area by Ordinance No, MC-1B9, on July 6, 1982, and WHEREAS, it is the desire of the Redevelopment Agency of the City of San Bernardino, California, hereinafter "Agency" to acquire ten certain parcels of property generally located on Baseline Street, westerly of Medical Center Drive (formerly Muscott Street), and WHEREAS, the property desired to be acquired by the Agency to which this resolution pertains is identified as APN 143-171- 01, APN 143-171-02, APN 143-171-03, APN 143-171-10, APN 143-171- 12, APN 143-171-19, APN 143-171-20 and APN 143-171-21, the legal descriptions of which are annexed as Exhibit "A", and the owners of record of said property are also set forth in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Com~unity Development Co~mission that the Agency Secretary is hereby authorized and directed to execute and deliver the attached "Notice of Hearing on the Adoption of a Proposed Resolution Authorizing the Acquisition of the Real Property Described in the Attached Exhibit 'A'", BE IT FURTHER RESOLV3D that said hearing shall be scheduled to take place at a regular meeting to be held Monday, December 8, 1986, at 11:00 a.ffi, f:"'- , - ..., .) '- -.J ...., 1 Dated: 2 A?proved as to form: - AGENCY COUNSEL 3 4 5 By Allen R. Briggs 6 7 The foregoing resolution was duly adopted by the following 8 vote, to wit: 9 AYES; Members 10 11 NAYS: 12 13 ABSENT or ABSTAIN: 14 ~ ..~ 15 "- 16 17 18 19 20 21 22 23 24 25 26 27 '-" 28 2 c o " ~ ~ . NOTICE OF HEARING ON THE ADOPTION OF A PROPOSED RESOLUTION AUTHORIZING THE ACQUISITION OF THE REAL PROPERTY DESCRIBED IN THE ATTACHED EXHIBIT "A". ~ TO: YOU ARE HEREBY NOTIFIED that the Community Development Commission of the City of San Bernardino, the governing body of the Redevelopment Agency of the City of San Bernardino, will consider at its regular meeting on Monday, December 8, 1986, at the hour of 11:00 a.m., or as soon thereafter as the matter may come before the body, in the Council Chambers of the City of San Bernardino located at 300 N. "D" Street, San Bernardino, California, the adoption of the attached Resolution of Necessity, marked Exhibit "B", determining and declaring that the public interest, convenience and necessity require the acquisition by the Redevelopment Agency of the City of San Bernardino of certain real property owned by yo~ or in which you appear to have an interest, which property is described on the attached Exhibit "A". ~ , ~ YOU ARE FURTHER NOTIFIED that it is the intent of the Co~~unity Development Commission of the City of San Bernardino to adopt the Resolution, unless good cause is shown why the Resolution should not be adopted. You have the right to appear in person or by counselor other representative and be heard on the matters referred to in Section 1240,030 of the Code of Civil Procedure of the State of California. That section provides that the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: a) The public interest and necessity require the project. .... 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. c) The property sought to be acquired is necessary for the project. Failure to file a written request to appear and be heard within fifteen (15) days after the date this Notice was mailed will result in a waiver of your right to appear before the Community Development Commission of the City of San Bernardino and be heard by that body, This Notice was mailed to you on November ,1986. Your failure to file such request will result in a waiver of your right to appear and be heard. Your request to appear and be heard should be addressed to Glenda Saul, Secretary, Community Development Commission of the City of San Bernardino, Room 320, City Hall, 300 North "D" Street, San Bernardino, California, 92418. '-r .. '-" .... "" .'- 'I ""'" .. '- - '- ..... .....1 1- '-' YOU ARE FURTHER NOTIFIED that the Community Development Co~~ission of the City of San Bernardino will hold a hearing at which all persons who have filed a written request within fifteen (15) after this Notice was mailed may appear and be heard on the matter referred to in Section 1240.030 of the Code of Civil Procedure. The governing body, the Community Development Commission of the City of San Bernardino, need not give an opportunity to appear and be heard to any person who fails to file a written request, Dated: November , 1986 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By GLENDA SAUL, Secretary 2 ~ - ......, ~... ....." - . EXHIBIT "A" ~ Descriptions of parcels of land to be acquired through eminent domain, and ownership thereof according to the records of San Bernardino County, Californic The following parcel, identified as APN 143-171-21, is vested in WILLIE CLARK: A PORTION OF LOT 5, BLOCK 59, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF MUSCOTT STREET (62,50 FEET IN WIDTH) AND BASE LINE STREET (62.50 FEET IN WIDTH); THENCE EAST ALONG THE CENTER LINE OF SAID BASE LINE STREET, 156.36 FEET; THENCE NORTH 0 DEG. 01' EAST, 156.25 FEET; THENCE WEST 156.36 FEET TO THE CENTER LINE OF SAID MUSCOTT STREET; THENCE SOUTH 0 DEG. 01' WEST, ALONG SAID LAST MENTIONED CENTER LINE, 15B.25 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE ABOVE DESCRIBED PARCEL LYING WITHIN SAID BASE LINE AND MUSCOTT STREETS. r.. t...: '-' The following parcel, identified as APN 143-171-19, is vested in LILLIAN 0, KELLOGG: A PORTION OF THE SOUTH 1/2 OF LOT 5, BLOCK 59, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5, BLOCK 59; THENCE WEST ALONG THE NORTH LINE OF BASE LINE STREET, A DISTANCE OF 216.7 FEET FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID BASE LINE STREET, A DISTANCE OF 50 FEET; THENCE NORTH 130 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF BASE LINE STREET, 50 FEET; THENCE SOUTH 130 FEET TO THE TRUE POINT OF BEGINNING. - ( EX.,IBIT" A", Page Two - \.or ...... "'" - -' The fOllowing parcels, identified as APN 143-171-12, APN 143-171-20 and ~APN 143-171-10, are vested in ARTHUR G, MANZO, JR" and CAROL ANN PRINCE: ----=-') PARCEL No.6 ALL OF THE SOUTHWEST 1/4 OF LOT 5, SLOCK IN THE CITY OF SAN BERNARDINO, COUNTY OF CALIFORNIA, AS PER PLAT RECORDED IN 2, RECORDS OF SAID COUNTY. 59, RANCHO SAN BERNARDINO, OF SAN OSRNAROINO, STATE BOOK 7 OF MAPS, PAGE EXCEPTING THEREFROM THE EAST 7-1/2 ACRES THEREOF. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN ANY STREET OR HIGHWAY. ALSO EXCEPTING THEREFROM THE SOUTH 267 FEET THEREOF, COMPUTED FROM THE CENTER LINE OF BASE LINE AVENUE, ~, PARCEL NO .~:. / THE NORTH 12B.75 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF SAN BERNARDINO, IN BERNARDINO, STATE 7 OF MAPS, PAGE 2, THE SOUTHWEST 1/4 OF LOT 5, BLOCK 59, RANCHO THE CITY OF SAN BERNARDINO, COUNTY OF SAN OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: . . ~, '=" COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 7-1/2 ACRES OF THE SOUTHWEST 1/4 OF LOT 5, AND THE CENTER LINE OF BASE LINE STREET; THENCE NORTH ALONG THE WEST LINE OF THE EAST 7-1/2 ACRES OF THE SOUTHWEST 1/4 OF LOT 5, A DISTANCE Of 2B7 FEET; THENCE WEST AND PARALLEL WITH THE CENTER LINE OF BASE LINE STREET, TO A POINT ON THE WEST LINE OF SAID LOT ~; THENCE SOUTH ALONG THE WEST LINE Of SAID LOT 5 AND THE SOUTHERLY EXTENSION THEREOF, TO A POINT ON THE CENTER LINE OF BASE LINE STREET; THENCE EAST ALONG THE CENTER LINE OF BASE LINE STREET, TO THE POINT OF DEGINNING. PARCEL No.8 THE WEST 2-1/2 ACRES OF THE EAST 7-1/2 ACRES OF THE SOUTHWEST 1/4 OF LOT 5, BLOCK 59 OF THE FORTY ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE Z, RECORDS OF SAID COUNTY. '- "-" /:_, f ; ....... ....... c... - ........ -J ...... v Exhibit "A", Page Three ... The following parcel, identified as APN 143-171-01, APN 143-171-02, and APN 143-171-03, is vested in ROBERT VERD. Information provided, not a matter of record, indicates that a portion thereof is subject to an interest of one SAL CANBERRAS, The legal description is: THAT PORTION OF LOT S, BLOCK S" RANCHO CITY OF SAN BERNARDINO, COUNTY OF SAN CALIFORNIA, AS PER PLAT RECORDED IN IN THE OFFICE OF THE COUNTY RECORDER OF AS FOLLOWS. SAN BERNARDINO, IN THE BERNARDINO, STATE OF BOOK 7 OF MAPS, PAGE 2, SAID COUNTY, DESCRIBED BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; T~ENCE WEST ALONG THE NORTH LINE OF BASELINE STREET 1B6,7 FEET; T~ENCE NORT~ PARALLEL WITH THE EAST LINE OF SAID LOT 62'.95 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT 5; THENCE EAST ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF LOT 5, 186.7 FEET TO THE EAST LINE OF SAID LOT 5; THENCE SOUTH ALONG SAID EAST LINE 629.95 FEET TO THE POINT OF BEGINNING. -- ....... .... I - 2 3 4 5 6 i 8 9 10 11 12 13 ,,-... 14 , " , - 15 ]6 17 18 19 20 21 22 23 24 25 26 ~ ... 27 '- 28 - ....... J ~. ...., RESOLUTION NO, RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE T3E ACQUISITION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS AUTHORIZED BY HEALTH AND SAFETY CODE SECTION 33391, ET SEQ.; DECLARING THE INTENTION OF THE CITY'S REDEVELOPMENT AGENCY TO ACQUIRE S~I~ PARCELS BY EMINENT DOMAIN PROCEEDINGS AND DIRECTING THE AGENCY'S COUNSEL TO COMMENCE ACTION IN THE SAN BERNARDINO SUPERIOR COURT OF THE STATE OF CA~IFORNIA FOR SAID PURPOSES. (NORTHWEST PROJECT AREA) THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, BEING THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public interest, convenience and necessity of the City of San Bernardino and the inhabitants thereof require the acquisition of the real property, hereafter "the Property", legally described on the attached Exhibit "A" by the Redevelopment Agency of the City of San Bernardino, California, which property is to be condemned for the purposes of the Central City South Redevelopment Project Area of the City of San Bernardino. The facts upon which this finding is based include, but are not limited to, the following: A. Since the very inception of the Northwest Redevelopment Project plan, the Agency has contemplated construction of a shopping center at the northeast corner of Baseline and Muscott Streets (Muscott now being renamed Medical Center Drivel, which shopping center is deemej vital to the success of the redevelopment project area. The sho?ping center will provide additional employment opportunities, will make available quality shop?ing facilities near existing homes and reduce the need for local residents to travel three to five miles to adequate &~H/~ IT' -S" - c' "... "'" - ...., J . 1 shopping facilities elsewhere, and will stimulate other 2 development in the area, 3 B. The importance of the development of a shopping center 4 at the northeast corner of Medical Center Drive and Baseline 5 Street was recognized in the lawsuit challenging the 6 establishment of the Northwest Redevelopment Project, and i specific provisions were made in the Judgment specifying that ,... 8 this particular site would be exempted from the prohibition 9 against exercise of eminent domain against residential 10 properties, to assure that the Agency would be able to proceed 11 with a shopping center at this location, 12 C. The Agency staff has over a period of approximately two 13 years negotiated with, provided information to, and attempted to <:; 14 obtain information from, a developer who proposed to develop a 15 shopping center at this site, and the Agency, prior to seeking 16 proposals from developers at large requested that particular 17 developer to present to the Agency a specific proposal for 18 development of the site. When no such proposal was forthcoming, 19 the Agency sought proposals for development from various 20 developers, in an effort to assure that a shopping center would 21 be developed upon this site at the earliest possible time. 22 D, The Commission is satisfied from reports and information 23 provided by the Agency staff that private development of a 24 shopping center on this site without Agency involvement would be 25 virtually impossible, and certainly financially infeasible, '-" 26 27 E. The property comprising the site proposed for redevelopment is owned by diverse owners, and, despite 28 representations by one developer that the developer had full control of the site, investigation by Agency staff has convinced ? \.... '-' r" ......... --. - ,... """ J - '-' 1 the Commission that certain key parcels had not been ac~uired by 2 that developer; the Commission therefore finds that site assembly 3 through eminent domain is essential to the development of a 4 shopping center at this location. 5 SECTION 2. The property is located generally on Baseline 6 Street westerly of Medical Center Drive (formerly Muscott 7 Street), in the City of San Bernardino, County of San Bernardino, 8 State of California, and the parcels comprising such property are 9 identified as APN 143-171-01, APN 143-171-02, APN 143-171-03, APN 10 143-171-10, APN 143-171-12, APN 143-171-19, APN 143-171-20 and 1] APN 143-171-21. 12 SECTION 3. The public use for which the property is to be 13 taken is for redevelopment purposes, including preparation, 14 development, redevelopment and sale or leasing of the property 15 for the elimination of blight and for the purpose of creating 16 additional employment opportunities in the Northwest Project 17 Area. This acquisition is authorized by the provisions of 18 California Health and Safety Code Section 33391, et seq. 19 SECTION 4. The taking and acquiring by the Redevelopment 20 Agency of the City of San Bernardino, California, of the Property 2] is deemed necessary for redevelopment purposes, namely, the 22 preparation, development and redevelopment, and sale or leasing 23 of the Property for the elimination of blight. 24 SECTION 5, The proposed redevelopment is planned and 25 located in the mannec that will be most compatible with the 26 greatest public good and the least private injury and the . ~ 27 aC1uisition of the Property is necessary for the proposed \...,.. 28 proj ecL 3 <.... - -, ....., ....1 v '- 1 2 SECTION 6, The offers required by Section 7267,2 of the Government Code have been heretofore made to the owners of record 3 of the Property. 4 SECTION 7, Counsel for the Redevelopment Agency is hereby 5 authorized and directed to commence an action in the Superior 6 Court of the State of California for the County of San Bernardino 7 in the name of and on behalf of the Redevelopment Agency of the 8 City of San Bernardino, California, against the owners and 9 claimants of the Property for the purpose of condemning said 10 parcels of Property for redevelopment purposes. 11 Dated: 12 Approved as to form: 13 AGENCY COUNSEL : -' 14 ]5 16 By IViu...,( A~.~ Allen R. ~ ]7 The foregoing resolution was duly adopted by the following ]8 vote, to wit: ]9 20 21 22 23 24 25 26 . 27 AYES: Members NAYS: ABSENT or ABSTAI\,,: "-' 28 4 .. '"" - v '... - J ~ ....... EXHIBIT "A" Descriptions of parcels of land to be acquired through eminent domain, and ownership thereof according to the records of San Bernardino County, Ca1ifornic The following parcel, identified as APN 143-171-21, is vested in WILLIE CLARK: A PORTION OF LOT 5, BLOCK 59, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF MUSCOTT STREET (82.50 FEET IN WIDTH) AND BASE LINE STREET (82.50 FE~T IN WIDTH); THENCE EAST ALONG THE CENTER LINE OF SAID BASE LINE STREET, 158.36 FEET; THENCE NORTH 0 DEG. 01' EAST, 158.25 FEET; THENCE WEST 15B.36 FEET TO THE CENTER LINE OF SAID MUSCOTT STREET; THENCE SOUTH 0 DEG. 01' WEST, ALONG SAID LAST MENTIONED CENTER LINE, 15B.25 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE ABOVE DESCRIBED PARCEL LYING WITHIN SAID BASE LINE AND MUSCOTT STREETS. ,r;,. - The following parcel, identified as APN 143-171-19, is vested in LILLIAN 0, KELLOGG: A PORTION OF THE SOUTH 1/2 OF LOT 5, BLOCK 59, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5. BLOCK 59; THENCE WEST ALONG THE NORTH LINE OF BASE LINE STREET, A DISTANCE OF 216.7 FEET FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID BASE LINE STREET, A DISTANCE OF 50 FEET; THENCE NORTH 130 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF BASE LINE STREET, 50 FEET; THENCE SOUTH 1JC FEET TO THE TRUE POINT OF BEGINNING. " EY~IBIT"A", Page Two l, - V -. '"' ... .-' The fOllowing parcels, identified as APN 143-171-12, APN 143-171-20 and ....APN 143-171-10, are vested in ARTHUR G. MANZO, JR., and CAROL ANN PRINCE: '-' ""-=-') PARCi:L NO,G ALL OF THE SOUTHWEST 1/4 OF LOT 5, BLOCK IN THE CITY OF SAN BERNARDINO, COUNTY OF CALIFORNIA, AS PER PLAT RECORDED IN 2, RECORDS OF SAID COUNTY. 59, RANCHO SAN BERNARDINO, OF SAN O:RNARDINO, STATE BOOK 7 OF MAPS, PAGE EXCEPTING THEREFROM THE EAST 7-1/2 ACRES THEREOF. ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN ANY STREET OR HIGHWAY. ALSO EXCEPTING THEREFROM THE SOUTH 2B7 FEET THEREOF, COMPUTED FROM THE CENTER LINE OF BASE LINE AVENUE. ~ PARCEL NO 'C:, / THE NORTH 12B.75 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THAT PORTION OF SAN BERNARDINO, IN BERNARDINO, STATE 7 OF MAPS, PAGE 2, THE SOUTHWEST 1/4 OF LOT 5, BLOCK 59, RANCHO THE CITY OF SAN BERNARDINO, COUNTY OF SAN OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: - \.J COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST 7-1/2 ACRES OF THE SOUTHWEST 1/4 OF LOT 5, AND THE CENTER LINE OF BASE LINE STREET; THENCE NORTH ALONG THE WEST LINE OF THE EAST 7-1/2 ACRES OF TI'IE SOUTHWEST 1/4 OF LOT 5, A DISTANCE OF 287 FEET; THENCE WEST AND PARALLEL WITH THE CENTER LINE OF BASE LINE STREET, TO A POINT ON THE WEST LINE OF SAID LOT 5; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 5 AND THE SOUTHERLY EXTENSION THEREOF, TO A POINT ON THE CENTER LINE OF BASE LINE STREET; THENCE EAST ALONG THE CENTER LINE OF BASE LINE STREET, TO THE POINT OF OEGINNING. PARCEL No.8 THE WEST 2-1/2 ACRES OF THE EAST 7-1/2 ACRES OF THE SOUTHWEST 1/4 OF LOT 5, BLOCK 59 OF THE FORTY ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY. .... \", ......... "", ,...... c....... '- ~ - v - "-' , E xhibi t "A", Page Three ... The following parcel, identified as APN 143-171-01, APN 143-171-02, and APN 143-171-03, is vested in ROBERT VERD, Information provided, not a matter of record, indicates that a portion thereof is subject to an interest of one SAL CANBERRAS. The legal description is: THAT PORTION OF LOT S, BLOCK S~, RANCHO CITY OF SAN BERNA~OINO, COUNTY OF SAN CALIFORNIA, AS PE~ PLAT RECO~DED IN IN THE OFFICE OF THE COUNTY ~ECORDER OF AS FOLLOIJS. SAN BERNARDINO, IN THE BERNA~DINO, STATE OF BOOK 7 OF MAPS, PAGE 2, SAID COUNTY, DESCRIBED BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT S; THENCE WEST ALONG THE NO~TH LINE OF BASELINE ST~EET 180.7 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 02~,9S FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF SAID LOT S; THENCE EAST ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF LOT S, 180.7 FEET TO THE EAST LINE OF SAID LOT S; THENCE SOUTH ALONG SAID EAST LINE 02~,9S FEET TO THE POINT OF BEGINNING. "- ~, u '- -- - ..-' - - u .. ,- ., c ,! ~ J II -.-I-KIS(;()TT I . -, , t ll: i <B> 0- @ . . l: ~ ~ . ~ I -. G:) I l b ~ i ~ ~ ..@ J @) - I I CL 07~ -.. ",. --. .~ .:......_~ . .~:;:.~~ . ~._:_ _-~- - i .,. . ...~-~, ' _.-.~--~..-. -~-~ -.; ---~. .-- ,. , - - -- i' .- -Ie: - .... : ~, ' "", I " I -j I '1 (~<~ ,fIr :" n.. ~~R ';> i_ , J it . 11!it!g ~,. "i:. ~~ .... !.,t! ,~ . ' i~c;- :,..\ II . c .... ~ l%I ~ .. 1;;1 ii \: J I .... ,- . ;:;; ;~ i ... ... ~ LH .. ~ r .. - -- -_. . ----------.---..- ".. ",,' ._ f',_pll..tl r,'r Inf"""UI"" ,,"I,.. 1"1- I_ ...., II .,,,,'p,..f t"~..~" ..; lie" I" .....lclo, II ... .... ."uh..". lI"r 1111 .p.,t..' Ih.' ,... t ,.... r @ . ~ ~ SIllaT : , if ~ t') Itir l @ 1Ill/) Q ~ ::l . ~ ~ Q ''"'" a.. g' e " .!U" ~\O. . K' i:a ~ ~t\:; _lS.Q .a 3'& Q(') ~ ;(j) l ~...". ~~..It.. ~L"""~ JlLLIs:. e ~.IP7.s- YU.? ,. ----- ..... - a i; .. , - - c.", lKlI...~Os. lA."t\ ~~"CT ""01 - 1 o ~- j- @ -