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Home My WebLink AboutRDA RES 03-13RESOLUTION NO. RDA 03-13 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING . AND DIRECTING THE AGENCY A'I-FORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE TUSTIN LIBRARY EXPANSION PROJECT AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF The Tustin Community Redevelopment Agency ("Agency"), by a vote of four- fifths or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES that: WHEREAS, Agency proposes to acquire a fee interest in certain real property for redevelopment purposes and elimination of blight in connection with the redevelopment plan for the Town Center Area Redevelopment Project, pursuant to the authority granted to it by the Community Redevelopment Law of the State of California (Part I of Division 24, California Health and Safety Code), including with limitation, Section 33391 subdivision (b) of the California Health and Safety Code; and WHEREAS, the redevelopment plan for the Town Center Redevelopment Project was adopted by the City Council on November 22, 1976 by Ordinance No. 701 ("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) arid 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, environmental impact documents and all other evidence presented to the Agency at the times the Redevelopment Plan and the amendments thereto were adopted, are incorporated herein by this reference and made a part of hereof as through fully set forth herein; and WHEREAS, the hereinafter described real property is located within the survey area of the Redevelopment Plan for the Town 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, September 2, 2003 at 7:00 p.m. at 300 Centennial Way, Tustin, California, and gave to each person whose property is to be acquired and whose name 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, Agency intends to construct the Tustin Library Expansion Project ("Project"), a public use, and, in connection therewith, acquire interests in certain real property. The Project is for a public use within the goals and objectives of the Redevelopment Plan; and WHEREAS, Agency intends to construct the Project to effectuate the goals of the Redevelopment Plan and in compliance with the City's General Plan, including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the Project as set forth in Code of Civil Procedure Section 1240.120(a); and WHEREAS, the Project requires the acquisition of fee interests and temporary construction easements in certain real property located at 330-332 S. Preble Drive Resolution No. RDA 03-13 Page 2 (APN 401-593-03); 320-324 S. Preble Drive (401-593-02); 280-284 E. Third Street (APN 401-593-01); and WHEREAS, Agency is authorized to acquire the parcel(s) described in Appendix A together with a map thereof, attached hereto and incorporated herein by this reference, and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq. and pursuant to Health and Safety Code Section 33391(b); and WHEREAS, the real property interests sought to be acquired for the Project consists of three (3) parcels and are located within the territorial limits of Agency and are located at ); 330-332 S. Preble Drive (APN 401-593-03); 320-324 S. Preble Drive (401-593-02); 280-284 E. Third Street (APN 401-593-01); and WHEREAS, the plans for the Project are on file with the Executive Director of Agency; and WHEREAS, the Project is planned and located in a manner which will be the most compatible with the greatest public good and least private injury; and WHEREAS, Agency has established the amounts it believes to be just compensation for the hereinafter described real property interests sought to be acquired; and WHEREAS, pursuant to Government Code Section 7267.2, Agency has offered to the owners of the real property and interests therein the full amount established as just compensation for the real property sought to be acquired; and WHEREAS, Agency has provided the owners of the real property and interests therein a written statement, a summary of the basis for the amount established as just compensation and an appraised summary statement for the real property and interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offers to the owners of the real property and interests therein sought to be acquired, and the owners have failed to favorably respond to the offers of the amounts established by Agency as just compensation; and WHEREAS, some or portions of the property and interests therein hereinafter described are being acquired for a compatible joint use pursuant to Code of Civil Procedure Section 1240.510; and WHEREAS, the Project is part of the Agency's Second Five Year Implementation Plan for the Town Center and South/Central Redevelopment Project Area (FY 2000- 2001 to 2004-2005) Improvement Program dated January 2000 and the Midterm Review and Public Hearing on the Second Five-Year Implementation Plan for the Town Center and the South/Central Redevelopment Projects dated December 11,2002; and WHEREAS, the Agency is relying on a Mitigated Negative Declaration approved by the City Council on May 6, 2002 for the Project pursuant to Public Resources Code Section 21000, et seq., the California Environmental Quality Act ("CEQA"), and on May 30, 2002 the City filed a Notice of Determination under CEQA with the County Clerk of the County of Orange, California; and WHEREAS, on August 25, 2003, the Planning Commission of the City determined that the Project, including the acquisitions, was in conformity with the City's adopted General Plan (Government Code Section 65402). WHEREAS, pursuant to the provisions of Code of Civil Procedure, Section 1245.235, on August 14, 2003 there was mailed a Notice of Hearing on the intent of Resolution No. RDA 03-13 Page 3 Agency to Adopt a Resolution of Necessity for acquisition by eminent domain of the real property described in Appendix A, which Notice of Hearing, Appendix B, is attached hereto and incorporated herein by this reference. The Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the property described in Appendix A, and to the address appearing on the Roll. The Notice of Hearing advised those persons of their right to be heard on the matters referred to therein and as specified in Code of Civil Procedure Section 1240.030 on the date and at the time and place stated therein. NOW, THEREFORE, THE AGENCY MEMBERS OF THE TUSTIN COMMUNITY REDVELOPMENT AGENCY, STATE OF CALIFORNIA, finds, determines and orders as follows: SECTION 1. The above recitations are true. SECTION 2. The September 2, 2003 staff report has been read and considered along with all evidence presented at the hearing. SECTION 3. The hearing set out in the Notice of Hearing was held on September 2, 2003 at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed. SECTION 4. Based upon the evidence presented, including the staff report and all written and oral evidence presented at the hearing, the Agency by vote of four-fifths or more of its members, further FINDS, DETERMINES, DECL,~RES, AND RESOLVES 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 the most compatible with the greatest public good and the least private injury. c. The property described in Appendix A is necessary for the proposed Project. d. The offer required by Government Code Section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statementJsummary were in a form and contained all of the factual disclosures provided by Government Code Section 7267.2(a). SECTION 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by Agency. SECTION 6. The Agency Attorney or Special Legal Counsel, Hahn & Hahn, is hereby AUTHORIZED and EMPOWERED: a. To acquire in the name of Agency, by condemnation, the property described in Appendix A, in accordance with the provisions of the California Eminent Domain Law and the California Constitution; b. To acquire the property in fee simple absolute unless a lesser estate ~s described in Appendix A; c. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of Agency such proceedings in the proper court as are necessary for such acquisition; Resolution No. RDA 03-13 Page 4 d. To deposit the probable amount of compensation based on an appraisal, and to apply to the court for an order permitting Agency to take immediate possession and use of the property for the public uses and purposes. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency held on the 2® day of September 2003. Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, Recording Secretary and ex-officio Recording Secretary of the Community Redevelopment Agency of the City of Tustin, California, do hereby certify that the whole number of the members of the Community Redevelopment Agency of the City of Tustin is five; that the above and foregoing Resolution No, RDA 03-13 was duly passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency, held on the 2nd day of September 2003, by the following vote: AGENCYMEMBERAYES: AGENCYMEMBERNOES: AGENCYMEMBERABSTAINED: AGENCYMEMBERABSENT: Worley, Kawashima, Bone, Davert, Thomas (5) None (0) None (0) None (0) PAMELA STOKER Recording Secretary Appendix A Exhibit "A" Legal Description of Parcels ~xhibit 5~" Lsgal De~efip6~n The land sftua~ad in the S~a~ ~f CalEomia,' County of Orange, City of 3'u~n, and as described as fi31lows: Parcel 1: Lot 4: o~'l;ract 21 BT, as shown on a map.'racord#.d in BoDk 105, pages 37 and 31~ of miscellaneous maps, records of Orange County, California. Parcel 2: Lot 5 ofTract 2187, as shown 'on s map reoordad in Book 105, Pages 37 and 38 Df , miscellaneous maps, records of Orange County, CaJffomia'. Parcel' 3: ' " Lot6 of Tract 218T, as shown on a map recorded in Boo~( 105, pages;37 and 38 of miscel[anem~s maps, records of Orange Coun~ California. Easements as afoot; the a'bovs pamalsl A non-exclusive sa. semen~ for ingress and egress over the wast 20 feet of. Lots 5 and 6 of Tract 2.187., as shown on a map reoDrd-d in Book 1D5, Pa as 37' miscellaneous ma~s, reo~',rds -=" '_' .,. g and 38 of · ~- u~ ~range couhty, California A non-~xclusive easement for.ingress and egress over the w~t 2D feat of Lot 4 of t~ct No. 2187, as ah'awn ~n a map recorded in Book 105, l~ages 37 and 3B of misb~l]aneous maps. taco,s of Orange C~unty, Calf~rnia~ ·