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HomeMy WebLinkAbout2009-01-27 - RESOLUTIONS - NEWHALL LIBRARY PROPERTY (3)RESOLUTION NO. RDA 09-4 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 INTERESTS 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 January 27, 2009 hereby finds, determines and declares as follows: a. The public interest, convenience, and necessity require the acquisition by Agency of certain property interests, which includes the leasehold interest and improvements related to the outdoor advertising structure owned by Viacom/CBS Outdoor, Inc. ("Interests") which is 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 Newhall Redevelopment Project Area ("Project"); and b. The Interests to be acquired are located at 24535 Main Street, Santa Clarita, CA; and 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; and d. The taking of the interest 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; and e. The offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the property; and 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 Interest, as well as any other matter regarding the right to take said Interest by eminent domain; and 1 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 Interest 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 Interest 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 Interest, 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 27th day of January, 2009. CHAIR ATTEST: SECRETARY 2 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 27th day of January, 2009, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED 1 1 AGENCY MEMBERS AGENCY MEMBERS AGENCY MEMBERS AGENCY MEMBERS 3 McLean, Kellar, Weste, Ferry None None Ender - *" 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 09-4, adopted by the Redevelopment Agency of the City of Santa Clarita, California on January 27, 2009, 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 am Susan Caputo, CMC Deputy Secretary 1 1