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HomeMy WebLinkAbout2008-11-25 - RESOLUTIONS - NEWHALL LIBRARY PROPERTY (2)RESOLUTION NO. RDA 08-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA, CALIFORNIA, FINDING AND DETERMINING BY VOTE OF TWO-THIRDS OR MORE OF ITS MEMBERS THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF THE NEWHALL LIBRARY THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Santa Clarita -(hereafter "Agency"), after consideration of the Agenda Report, staff presentation, discussion, oral testimony and evidence presented at the public meeting on November 25, 2008 hereby finds, determines and declares as follows: a. The public interest, convenience, and necessity require the acquisition by Agency of certain real property ("Property") located within the City of Santa Clarita, the County of Los Angeles, State of California for public use relative to the construction of a new public library in the Downtown Newhall Redevelopment Project Area ("Project"); b. The Property to be acquired is described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference; c. 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; d. The taking of the Property is necessary for the stated Project, and such taking is authorized by Section 19, Article I of the California Constitution, Sections 33391 (b) and 33000 et seq. of California Health & Safety Code, Section 1230.010 et seq., of the California Code of Civil Procedure, the California Redevelopment Law and other applicable law; e. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property; f. The AGENCY has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the Property, as well as any other matter regarding the right to take said Property by eminent domain; and g. The necessary notification of the Notice of Hearing, as required by the California Code of Civil Procedure, Sec. 1245.235 was given SECTION 2. The Agency Board of the AGENCY hereby declares that it is its intention to acquire said Property in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. That if any of the area of the Property has been appropriated to some public use, the public uses to which they are to be applied by the Agency, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Section 1240.610, or at the very least are compatible with the existing public use pursuant to Code of Civil Procedure, Section 1240.510. SECTION 4. That the Property, the acquisition of which is required by said public interests, convenience, and necessity for the purposes set forth in Section 1 hereof, is located within the City of Santa Clarita, County of Los Angeles, State of California. SECTION 5. That the AGENCY has satisfied the provisions and complied with all requirements of the California Environmental Quality Act ("CEQA") for the Project. SECTION 6. Agency Counsel and the firm of Burke, Williams & Sorensen, as special counsel, under the direction of Agency Counsel, are authorized and directed to prepare, institute, and prosecute in the name of the Agency such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of said interest, including filing of an application for an order of immediate possession prior to judgment. SECTION 7. This Resolution shall be effective immediately upon its adoption. SECTION 8. The Agency Secretary shall certify the adoption of this Resolution and certify this record to be a full, complete and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this 25th day of November, 2008. ATTEST: FA - SECRETARY PA 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, Secretary of the City of Santa Clarita Redevelopment Agency, do hereby certify that the foregoing Resolution was duly adopted by the Redevelopment Agency of the City of Santa Clarita at a regular meeting thereof, held on the 25th day of November, 2008, by the following vote: AYES: AGENCY MEMBERS: Ferry, McLean, Ender, Weste, Kellar NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3 SECRETARY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF REDEVELOPMENT AGENCY RESOLUTION I, Sharon L. Dawson, Secretary of the City of Santa Clarita Redevelopment Agency, do hereby certify that this is a true and correct copy of the original Resolution No. RDA 08-13, adopted by the Redevelopment Agency of the City of Santa Clanta, California on November 25, 2008, which is now on file in my office. Witness my hand and seal of the Redevelopment Agency of the City of Santa Clarita, California, this day of , 20_. Sharon L. Dawson, MMC Secretary By Susan Caputo, CMC Deputy Secretary 1 1 1 Exhibit A Octohei 15, 2008 CERTIFIED MAIL Thonnas M Fitterer, Trustee Fit esei Retirement Trust 15410 Irvine Blvd., Suite A Tustin, CA 92789-3438 Sub_lect Of{er to Purchase the real property located at 24509 Spruce Street Sarna Clarita, California APN 2866-006-800 Deai Mr Fitterer The Santa Clarita Redevelopment Agency (SCRDA) is planning for the construction of a new library in Downtown Newhall This important project is a top priority of the Redevelopment Agency Youi property located at 24509 Spruce Street, Santa Clarita ("Property") is required foi the successful completion of this pioject The SCRDA has obtained an independent appraisal which has determined the faii-market value of the dust compensation of the Property to be $790.000 The Redevelopment Agency is offering, subject to Agency Board approval; the full amount reflected in the appraisal as the fan -market value for the Property The basis foi that determination as lust compensation for the Property is explained in the enclosed summary of the Complete Appraisal Summary Report This appraisal report includes the highest and best use analysis, comparable sales and the approaches to value considered in the process of determining the lust compensation. Should you be willing to sell your Property foi SCRDA's offered amount, the SCRDA will pay all usual fees, charges, and costs that arise out of this escrow Please note that this offer is sub_lect to the ratification of' an agreement for purchase and sale by the Agency Board foi the Redevelopment Agency, the adoption of a resolution of necessity. of both Please be advised that you are entitled to a reasonable amount. not to exceed five thousand dollars ($5,000.00), foi an appraisal prepared by an independent appraises licensed by the Office of Real Estate Appraisers Please be advised that the offer stated above presumes the Property is free of hazardous substances (as that term is defined undei California Health and Safety Code Section 33459(b)) and all othei subsurface soil contamination In the event that any facts of circumstances arise which indicate the presence of such subsurface contamination, the SCRDA reserves the right to rescind or modify the offei stated above at any time prior to its written acceptance to reflect the estimated of actual costs to remediate the Property to the satisfaction and approval of all applicable regulatory agencies Further, in the event the SCRDA discovers such soil contamination after it acquues the Property. the SCRDA reserves all rights and remedies it may have against you and all prior owners to seek damages or other Mr Frtterer October 15, 2008 Page 2 obligations the SCRDA incurs as a result of the contamination, as may be permitted or authorized by any law, including but not limited to CERCLA (42 U.S C. `9601 et seq.), the Hazardous Waste Control Law (California Health and Safety Code 25100 et seq ), the Porter Cologne Act (California Water Code 13000 et seq ), California Health and Safety Code 25280 et seq., 33459 et seq., and provisions of Proposition 65. If this offer is acceptable to you, please so indicate to the undersigned in writing by 3 00 p.m. on Friday, November 14, 2008. Upon your acceptance, the SCRDA will prepare and forward to you an agreement to complete the transaction Upon receipt of a signed agreement, the matter will be reviewed by the Agency Board, which has final ratification authority In addition, you should be aware that in the event negotiations fail to result in an agreement, the SCRDA will proceed with the acquisition of the Property through eminent domain. The Public Hearing for the Resolution of Necessity will be held at City Hall, 23920 Valencia Blvd., Santa Clanta, California, on November 25, 2008 If for any reason you do not accept the SCRDA's offer, please be advised that the matters included within this letter, as well as the enclosed summary statement, fall within the provisions of, inter alra, Section 1152 and 1154 of the California Evidence Code, Section 1255 060 of the Code of Civil Procedure, and Sections 7267 1 and 7267.2 of the Government Code, and are not admissible in evidence in any eminent domain proceeding, which may be subsequently instituted for the acquisition of the present property interests, or in any other action. If you have any questions regarding this offer or have information regarding the value of your property, please contact me at (661) 255-4365 or Barbara Stoll, Acquisitions Specialist at (661) 286-4046 Sincerely, Paul Brotzman Director Community Development Enclosure BS s/pt/open space R real pioperty/renee/fitteiei — offer letter cc Chris Price, Assistant City Engineer Harry Corder, Senior Engineer Armme Chaparyan, Redevelopment Manager 1 1 ACCEPTANCE The foregoing offer of the Santa Clarita Redevelopment Agency for the acquisition of the property described in enclosed appraisal report is hereby accepted. Signature Thomas M Fitterer, Trustee Fitterer Retirement Trust REGARDING SUBJECT PROPERTY, FITTERER 24509 SPRUCE STREET SANTA CLARITA APN• 2836-006-032 $789.000 1 Dated -