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HomeMy WebLinkAboutRDA EMINENT DOMAIN 06-03-85~A~m II-~ ~ ' "~': REDEVELOPMENT AGENCY U , ' ' ~ ~ 'S~__ No. 6 DATE: JU~E 3, 1985 TO: FROM: SUBJECT: HONORABLE OIAIRNAM & NENBERS OF THE REDEVELOP)lENT AGENCY WILLIAM A. HUSTOll, EXECUTIVE DIRECTOR E~INENT DOMAIN PROCEEDINGS - ACQUISITION OF NEIJFORTH CENTER LEASEHOLD ! NTERESTS RECOI~EHDATION That the Agency: Adopt the attached resolution finding and determining that the public interest and necessity require the acquisition by eminent domain of subleasehold interest in the Newforth Shopping Center, and 2.) Authorize retention of Robert Waldron, Esq. as Special Counsel to assist the Agency in the eminent domain proceedings. BACKGROUND All tenants of the Newforth Center have been notified of the hearing. A staff report will be presented at the hearing. WILLIAM A. HUSTON Executive Director WAH :ih RESOLUTION NO. RDA 85-5 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 SUBLEASE HOLD INTERESTS IN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION. WHEREAS, the Tustin Community Redevelopment Agency (hereinafter "Agency") is authorized to acquire the subleasehold interests in the real property described in Exhibit "A" attached hereto and made a part hereof pursuant to the Community Redevelopment Law of the State of California (Part 1 of Division 24, Health and Safety Code) including, but without limitation, Health and Safety Code Section 33391 (b), Code of Civil Procedure Sections 1240.010, 1240.020, 1240..030, 1240.040, 1240.050 and Article I Section 19 California Constitution. WHEREAS, the acquisition of the subleasehold interests in the hereinafter described real property are for a public use, to wit: for the elimination of blight and for redevelopment purposes in connection with and located in the ~!TOWn ' ~ Center RedeVelopment P'roject Area (hereinafter "project Area" WHEREAS, The legal Notice of Intention to Adopt a Resolution of Necessity to acquire by eminent domain subleasehold interests in hereinafter described real property was duly given by the Agency pursuant to and in compliance with the requirements of Section 1245.235, Code of Civil Procedure; and WHEREAS, the Agency held a public hearing on June 3, 1985 on those matters specified in the Notice of Intention to Adopt a -1- Resolution of Necessity and has provided all persons a reasonable opportunity to appear and be heard on those matters referred to in Section 1240.030, Code of Civil Procedure: NOW THEREFORE, the Tustin Community Redevelopment Agency does hereby find and determine: The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property hereafter described is necessary for the proposed project. 4. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. 5. The Agency is authorized to acquire the subleasehold interests in the hereinafter described real property by eminent domain for the elimination of blight and for community redevelopment purposes by Article I Section 19 of the California Constitution and by Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050 Code of Civil Procedure and 33391 (b) Health and Safety Code. 6. As to any p~rtion of the hereinafter described real property that is currently appropriated for a public use, the uses for which said subleasehold interests in real property are sought to be acquired are more necessary public uses and the Agency is empowered to acquire for more necessary public use pursuant to Section 1240.610 Code of Civil Procedure. -2- 7. The law firm of Robert F. Waldron, Inc., Special Counsel to the Agency, is hereby authorized to prepare and prosecute in the name of the Agency such proceeding or proceedings in the proper court having jurisdiction thereof as are necessary for such acquisi-' tion; to prepare and file such pleadings, documents, briefs and other instruments, and to make such arguments and to take such actions as may be necessary in the opinion of said law firm to acquire for the Agency the interests in said real property. Said law firm is specifically authorized to take whatever steps and/or procedures are available under the Eminent Domain Law of the State of California (Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010- 1273.050). PASSED AND ADOPTED this day of June, 1985. ATTEST: Chairman, Tustin Community Redevelopment Agency ATTEST: Secretary, Tustin Community Redevelopment Agency I HEREBY CERTIFY that the foregoing Resolution No. __ was duly adopted by the Governing Board of the Tustin Community Redevelopment Agency at a regular meeting thereof held on the day of June, 1985, by the following vote: AYES: NOES: ABSENT: ABSTAIN: -3- IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the Tustin Community Redevelopment Agency this of June 1985. day Secretary, Tustin Community Redevelopment Agency -4- THE LAND REFERRED TO HEREIi,I IS SITUATED IN THE STATE OF CALIFORNIA. COUNT'/ OF ORANGE~ CITY OF YUSTIN AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE LAND ALLOTTED TO YNEZ YORBA DE COTA AS DESCRIBED IN THE FINAL DECREE OF F'ARTITION OF THE RANCHO . SANTIAGO DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 12, 1868 tN' BOOK B~ PAG~ 410 DF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH ~UDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE FLINT AND 8IXBY ALLOTMENT IN SAID RANCHO ~57.00 FEET NORTH 39- 50' 00" EAST FROM THE SOUTHEAST CORNE~ OF THE 145.~0 ACRE PARCEL OF LAND ALLOTTED TO RAYMUNDO YORBA IN SAID PARTITION OF SAID RANCHO~ THENCE ALONG SAID NORTHWESTERLY LINE NORTH 5~' 50~ 00" EAST ~25.~8 FEET: THENC~ WEST 588.0~ FEET; THENCE SOUTH 71~.75 FEET TO 'THE POINT OF B~GINNING. ~XC~PTING THEREFROM THE WEST 77.00 FEET CONVEYED TO TH~ SOUTHERN PACIFIC RAILROAD COMPANY ~y DEE~ RECORDED MAY 28, 188~.IN BOOK 570, PAGE 288 OF DEEDS RECORDS OF LOS ANGEL~S COUNTY. ' ~ ALSO EXCEF'TING THEREFROM THE SOUTHEASTERLy 70.00 FEET. PARCEL ~ THAT CERTAIN 40.00 FOOT STRIP OF LAND DESCRIBED IN A DEED FROM JOHN H. STEARNS, AND WIFE TO THE F'ACIFIC ELECTRIC RAILwA'~ COMPANY RECOF~DED NOVEMBEr' 28, 1~17 IN BOOK RAGE iC5 OF DE~DS~ RECORDS OF ORANGE' COUNTY~ CALIFORNIA. E%C~F'TING THEREFROM TO THE GRANTOR, ITS SUCC~SORS AND ASSIGNS, FOREVER, THE TITLE AND EXCLUSIV~ RIGHT TO ALL OF THE MINERALS A~.ID MI~RAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND OR THAT PlAY B~ PRODUCED THEREFROM INCLUDING~ WITHOUT LIMITING THE GENERALITY OF THE FOREGOING; ALL PETROLEUM, OIL. ~ATU~'AL GAS AND OTHER HYDROCARDON ~ AND PRODUCTS DERIVED THEREF~OH, TOGETHER WITH THE 5UE~STANC~S ' ' EXCLUSIVE AND F'E~F'ETUAL RIGHT OF SAID GRANTOF<, ITS SUCCESSORS AND ASSIGNS. OF INGRESS AND EGRESS BENEATH THE SURF'ACE OF SAID LAND TO EX~'L(]RE FO~, EXTRACT, M(I,~E AND REMOVE THE SAME, AND TO MA~'~ SUCH USE 0~~ THE SAID LAND BENEATH TH~ SURFACE AS IS NECESSARy '):'< USE;~UL IN CONNECTION THE~EW(TH. WHIC~I USE MAY INCLUDE LAX~;~AL OR SLANT DRILL[~.~G. DIGGI~G, DORi~JG, OR OF ~LL5, :~HAFTS OF~ T~;~ZLS; P~i~OV IDE HOWEVER. THA[ SA I D GP~.~TCR. ~TS SL~CC~SSOR5 A~.~D ASS~GNSi, SHALL ~OT US~ THE riP,FECal OG. F. EMi]t2i[ OF: IIdF'A[~' T}~E L~T~AL ~xhibit "A" - Page 1 0~' SAID LAND OR ANY IMPROVEMENTS THEREO~'I, AS RESERVED DE-=D RECORDED JULY .-., 1957 IN ~00;:.' :99~',. P~'~GE 565 OF OF-FICIAL KECORDS. ' Exhibit "A" - Page 2 ~® %(9 ~"~tS IS NOT A SUR¥~I' O~ THE b'~tO. ,~ Exhibie "A" - Page 3 '