The URL can be used to link to this page

Home My WebLink AboutRDA 97-6 l 2 3 4 6 7 g 9 10 12 13 ]4 15 16 ]7 19 20 21 24 ...6 27 29 RESOI.UTION NO. RDA 97-6 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FINDING AND DETER.MINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY LOCATED IN TIlE TOWN CENTER REDEVELOPMENT PROJECT FOR PUBLIC USE AND AUTIlORIZING AND DIRECTING CONDEMNATION, WItEREAS, the Tustin Community Redevelopment Agency of the City of'rustin ("Agency") proposes to acquire a fee interest in certain real property for redevelopment purposes and elimi,lation of blight in connection with the redevelopn~ent plan for file Town Center Area Redevelopment Project, pt, rsuant to the authority granted to it by the Community Redevclopme:lt Law of tile State of California (Part I of Division 24, California Health and Safety Code), including without limitation. Section 33391 subdivision (b) of the California Health and Safety Code: a,.id WHEREAS, the redevelopment plan for the Tox~ Center Redcx'elopment Prqject was adopted by tile City Council on November 22, 1976 by Ordinance No. 701 (hereinafter "Redevelopment Plan"). The Redevelopment Plan was amended bv fomlal action of the City Cou,.icil of the City of Tustin ell September 8, 1981 (Ordinance No. 855), March 20, 1989 (Ordinance No. 1021) and November 21, 1994 (Ordinance No. 1141). The Redevelopment Plan, as amended, provides for tile Agency to acquire by gift, purchase, lease or condemnation, all or part of the real property in the project area as set forth in the California Health and Safety Code section 33342. The Redevelopment Plan, including all amen&llents thereto, together with the staff reports, environmental impact documents ..,ld all other evidence presc,ltcd to the City Council of the City of Tustin at the times the Redevelopment Plan and tile amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as through fully set forth herein; and WHEREAS, the hereinafter described real property is located within the Redevelopment Plan for the Town Center Redevelopment Project, as amended: and WHEREAS, pursuant to Section 1245.235 of tile California Code of Civil Procedure the Agency scheduled a public hearing for Monday, October 20, 1997 at 7:00 p.m. at 300 Centennial Way, Tustin. California, and gave to each pcrsoi.i whose property is to be acquired ax'id wi:os: name and address appeared ell the last equalized county assessment roll. notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to i.,l Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Agency and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on those matters specified in the Agency's notice of intention to conduct a hearing on whether to adopt a Resolution of Necessity and referred to in Sectio,l 1240.030 of the California Code of Civil Procedure; and 9 10 II 12 13 !4 15 16 17 18 19 20 21 22 23 24 25 26 27 29 Resolution No. RDA 97-6 Page 2 WHEREAS, the Agency may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of CMl Procedure; NO,V, TItEREFORE, THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. Compliance with California Code of Civil P,'ocedn,'e. There l:as been compliance by the Agcnc.v with the requirements of Section 1245.235 of the California Co:le of CMl Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the property is to be acquired is the elimination of blight and for redevelopment purposes as set forth in the Redevelopment Plan for the To~x~l Center Rcdexelopment Project, as amended. Section 33391, subdivision (b) of the California Health and Safety Code authorizes the Agency to acquire by eminent domain property necessary for such purposes. Section 3. Necessity. Tile public interest and necessity require tile acquisition by eminent domain proceedings fee title, to the real property' described in Exhibit "A" which is attached hereto and incorporated herein by this reference. Section 4. Description of Property. Auached and marked as Exhibit "A" is tile legal description and plat of the real property to be acquired by the Agency, which describes the general location and extent of the properb.' with sufficient detail for reasonable identification. Section 5. Findlno..s. The Agency hereby finds and determines each of the following: (a) The public interest and necessity 'require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with thc greatest public good and least private injur>.'; (c) The real property described in E.,&ibit "A" is necessary for tile proposed project; and (d) An offer to purchase tile property pursuant to Section 7267.2 of tile California Govenunent Code was made. 1 5 6 7 g 9 i0 11 13 17 lg 19 '~0 ?5 :9 Resolution No. RDA 97-6 Page 3 Section 6. Use Not Unreasonably Interfering With Existing Public Use(s). To the extent any of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses that are not owned by a public body as &fined in the California Health and Safety Code section 33004, the herein described use or uses will not unreasonably interfere with or impair the continual~ce of the public use as it now exists or may reasonably be expected to exist in the future. As such, counsel for the Agency is authorized to acquire the real property subject to such existing public usc(s) pursuant to Section 1240.510 of the California Code of CMl Procedure. 'Fo the extent any of the real property to be acquired is subject to easements and rights of way, appropriated to existing public uses that are owned by a public body as defined in thc California Health and Safety code section 33004, counsel for the Agency is authorized and instructed to obtain consent from said public body prior to the acquisition of such property pursuant to California Health and Safety Code section 33395. Section 7. More Necessary Public Use. 'Fo the extent any of the real property to be acquired is subject to easements and rights of way appropriated to existing public uses that are not ox~a~ed by a public body as defined in thc California Hcahh and Safety Code section 33004, and further to the extent that thc herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Agency finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Agency is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of CMl Procedure. To the extent an5' of the real property to be acquired is subject to easements and rights of way appropriated to existing public uses that are owned by a public body as defined in the California Health and Safety code section 33004, counsel for the Agency is authorized and instructed to obtain consent from said public body prior to the acquisition of such property pursuant to California Health and Safety Code section 33395. Section 8. Further Activities. Pahnieri, Tyler, Wiener, \Vilhelm & Waldron LLP, as special counsel for the Agency, is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Agency by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in com~ection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required bv order of court, to permit the Agency to take possession of and use real property at the earliest possible time. Counsel is further authorized to correct any errors in the resolution or to make or agree to non-material changes in the legal descriptions of the real property that are deemed necessary' for the conduct of the condemnation action or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the real property is being acquired. Section 9. Effective Date. 'Fhis Resolution shall take effect upon adoption. 3 4 5 6 ~ :o 11 13 '.4 15 :6 17 19 20 23 25 ...6 "7 PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency, held on the 20th day of October, 1997. PAMELA STOKE~~~~ Recording Secretary Chair ATTEST: Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUST1N ) SS RESOLUTION NO. RDA 97-6 Pamela Stoker, Recording Secretary of the Tustin Community Redevelopment Agency of the City of Tustin, California, does hereby certify that the whole number of the members of the Tustin Community Redevelopment Agency is five; ~hat the above and tbregoing resolution was passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency held on the 20th day of October, 1997, by the following vote: AGENCY MEMBER AYES: AGENCY MEMBER NOES: AGENCY iV[EMBER ABSTAINTD: AGENCY MEMBER ,-513 SENT: Thomas, Saltarelli, Doyle, Potts, None None None Worley PYmela Sto~"[rTRe'cordFng Secr&ary ' CAS:kdXrdaresos\97-6.doc EXHIBIT A Parcel 1: The East 155.00 feet of the North 162.50 feet of Block B of Tract No. 3, as shown on a map recorded in Book 9, Page 4 ofmiscel!aneous maps, records of Orange County, California. Parcel 2: The East 145.00 feet of the South 137.50 feet of Block B of Tract No. 3, as shovcn on a map recorded in Book 9, Page 4 of miscellaneous maps, records oFOrange County, California.