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HomeMy WebLinkAboutRDA 03 EMINENT DOMAIN 10-20-97DATE: OCTOBER 20, 1997 Inter-Com RDA NO. 3 10-20-97 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY AT 191-195 MAIN STREET BY EMINENT DOMAIN RECOMMENDATION It is recommended that the Agency adopt Resolution No. RDA 97-6 finding and determining that the public interest and necessity require the acquisition by eminent domain of certain real property located in the Town Center Redevelopment Project Area for public use and authorizing and directing and Condemnation. FiSCAL IMPACT' The Agency has made an offer on the subject property at a full appraised value of $750,000. If the matter is unable to be settled prior to a court proceeding, there will be additional miscellaneous acquisition expenses. BACKGROUND On May 22, 1997, the Tustin Community Redevelopment Agency made a written offer to purchase property located at 191-195 Main Street within the Town Center Redevelopment Project Area from' June E. Perfit, the record owner. The amount of the offer was equal to the full amount of the Agency's approved appraisal for the subject property. To date, Ms. Perfit has not responded to the Agency's efforts to reach an amicable resolution in acquisition of the subject property. Since the Agency has been unsuccessful in acquiring the property by negotiation, the public interest and necessity require the acquisition of the subject property by eminent domain. 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 Town Center Redevelopment Plan. The subject property is improved with a brick masonry Mr. William A. Huston Resolution of Necessity to Acquire - 191-195 Main Street October 20, 1997 Page 2 commercial building constructed circa 1914 which has been abandoned for a number of years. The building has been posted by the City's Building Official as unfit for occupancy due to inadequate plumbing, heating/ventilating, electric and mechanical systems. The subject property is zoned C-2, Central Commercial District with Cultural Resources and parking overlay districts. The cultural resource overlay will place certain restrictions on .development of the site and require issuance of a Certificate of Appropriateness. Prior to filing a complaint in eminent domain with the Orange County Superior Court, the Agency must hold a public hearing and consider the adoption of a Resolution of necessity to acquire the property by eminent domain. The Resolution must be adopted by at least a two-thirds majority of Agency board members. A notice of the public hearings was sent by certified mail on September 30, 1997. Staff will be available to answer any questions the Agency may have regarding, the attached Resolution or eminent domain procedures. Christine A. Shingle~ff Assistant City Manager CAS:k~\ 191 mah~.doc Attachments:' Exhibit A Resolution No. RDA 97-6 10 12 13 14 20 21 22 24 25 26 27 28 29 RESOLUTION NO. RDA 97-6 A RESOLUTION . OF THE TUSTIN COMMUNITY REDEVELOPMENT' AGENCY FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN CENTER REDEVELOPMENT PROJECT FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION. WHEREAS, the Tustin Conununity Redevelopment Agency of the City of Tustin ("Agency") proposes to acquire a fee interest in certain real property for redevelopment purposes and elimination of blight in comaection with the redevelopment plan for the Toxvn Center Area Redevelopment Project, pursuant to the authority granted to it by the Community Redevelopment Law of the State of California (Part 1 of Division 24, California Health and Safety Code), including without limitation, Section 33391 subdivision (b) of the California Health and Safety Code; and WHEREAS, the red.evelopment plan for the Tox~na Center Redevelopment Project was adopted by the City Council on November 22, 1976 by Ordinance No. 701 (hereinafter "Redevelopment Plan"). The Redevelopment Plan was amended by formal action of the City Council of the City of Tustin on 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 the 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 amendments thereto, together with the staff reports, environnaental impact documents and all other evidence presented to the City Council of the City of Tustin at the times the Redevelopment Plan and the 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 Tox~m Center Redevelopment Project, as amended; and WHEREAS, pursuant to Section 1245.235 of the 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 person X~:hose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opPortunity to appear at said hearing and be heard on the matters referred to in 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 Section 1240.030 of the California 'Code of Civil Procedure; and. 10 14 15 16 17 18 20 21 22 23 24 25 26 27 28 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 Civil Procedure; NOW, THEREFORE, THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Agency with the requirements of Section 1245.235 of the California Code of Civil 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 Town Center Redevelopment 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. The public interest and necessity require the 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.. Attached and marked as Exhibit "A" is the legal description and plat of the real property to be acquired by the Agency, which describes the general location and extent of the property with sufficient detail for reasonable identification. Section 5. Findings. The Agency hereby finds and detemfines each of the following: (a) The public interest and · necessity require the proposed project; (b) The proposed project is' plarmed or located in the manner that will be most compatible with the greatest public good and least private injury; (~) The real property described in Exhibit "A" is necessary for the proposed project; and (d) An offer to purchase the property pursuant to Section 7267.2 of the California Govenm~ent Code was made. 10 12 13 14 15 19 20 22 23 24 25 26 27 28 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 defined in the California Health and Safety Code section 33004, the herein described use or uses will not 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. As such, counsel for the Agency is authorized to acquire the real property subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure. 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 oxxmed 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 7. More Necessary Public Use. 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 defined in the California Health and Safety Code section 33004, and further to the extent that the 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 Civil Procedure. 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 ox~,~ed 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. Palmieri, Tyler, Wiener, Wilhelm & 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 connection therexvith. 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 by 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 an5' 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 condenmation 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. 29 Section 9. Effective Date. This Resolution shall take effect upon adoption. 14 15 16 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED at a regular meeting of the Tustin Conm~unity Redevelopment Agency, held on the 20th day of October, 1997. Jeffery M. Thomas Chair PAMELA STOKER Recording Secretary ATTEST: Pamela Stoker Recording Secretary STATE OF cALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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; that the above and .foregoing 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 MEMBER ABSTAINED: AGENCY MEMBER ABSENT: Pamela Stoker, Recording Secretary CAS:kdh'daresos\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 of'miscellaneous 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 shown on a map recorded in Book 9, Page 4 of.miscellaneous maps, records of'Orange County, California.