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HomeMy WebLinkAboutRES RD 2001 96 2001 0207RESOLUTION NO. 2001 -96 A RESOLUTION OF THE REDEVELOPNMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS 798 MOORPARK AVENUE; APN 512 -0- 062 -120 AS THE SAME IS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" and "B" ATTACHED HERETO AND INCORPORATED HEREWITH WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") made an offer to Laszlo B. Kovacs ( "Owner ") on December 11, 2000, to purchase property for $172,000; and WHEREAS, said offer of $172,000 represents the full amount determined to be just compensation for the property and improvements; and WHEREAS, said offer is not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, as of January 17, 2001, Owner did not accept the Agency's offer; and WHEREAS, the Agency then notified Owner on January 18, 2001, of a hearing, to be held not less than fifteen (15) days from the date of said notification, on February 7, 2001, at which time a Resolution of Necessity to acquire the property by eminent domain would be considered; and WHEREAS, Owner has not waived the fifteen (15) day notification period and has acknowledged the City's intent to hold said hearing at 6:30 p.m. on February 7, 2001 in the manner provided in the Notice of Hearing. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Redevelopment Agency of the City of Moorpark (hereafter "Agency "), after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the February 7, 2001 meeting of the Agency hereby finds, determines and declares as follows: Resolution No. 2001 -96 Page 2 1. That the public interest and necessity requires the development of affordable housing for low and moderate income households; 2. That the above described improvements are planned and located in a manner that will be most compatible with the greatest public good and the least private injury; 3. That the real property described above is necessary for the proposed project; 4. That the proposed project is consistent with the Redevelopment Plan adopted by the legislative body; 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. SECTION 2. The real property that is the subject of this resolution and is to be taken by the Redevelopment Agency consists of 798 Moorpark Avenue; APN 512 -0- 062 -120 and as described on Exhibit `A' which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit `B' which is also attached hereto and incorporated herein. SECTION 3. The public use for which the above - described property is to be taken is the construction of affordable housing. The Redevelopment Agency is authorized to acquire the above described property by eminent domain pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, and Section 33391 (b) of the Health and Safety Code and Section 403 of the Redevelopment Plan. SECTION 4. If any of the above described property has been previously appropriated to some public use, the public use for which it is taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use. SECTION 5. The Agency's Attorney and the firm of Burke, Williams and Sorenson are hereby authorized and directed to prepare, institute, and prosecute in the name of Redevelopment Resolution No. 2001 -96 Page 3 Agency of the City of Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above described property. SECTION 6. The Agency Secretary shall certify to the adoption of this resolution by a vote of not less than four - fifths (4 /5) of all of the members of the Agency Board of Directors. SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 7th day of ebruary, 20 1. trick Hu ter, Chair ATTEST: Apo. -k s.�� Deborah S. Traffenstedt Agency Secretary j Attachments: Exhibit "A" Exhibit "B" ESTABLISHED * MARCH 18, 1987 OF Resolution No. 2001 -96 Page 4 EXHIBIT A MAP -- -- - — - - - -- - - - - -- -- -- -- ., - -. -._ . - - - --� � 05 Q• _' 16 45 sS• 10 100' 100' ( 104, 100' 50' 50' 1 100' i I � 31 � �° • 14 I O v l l3 ' I li S0' ro 8 sso,.r� 5 N © O O I 0 6 SUBJECT PROPERTY -tit' 3si 4, �r h �,�►�A\ 13 w i • 50 70 100 ss 99001204, kERETT i tam . I t �esorrso69 5p 1 50' so so -r n I d 12o I 'o h c , ► Ol � . -'�' J 0 2 � 11 I •� � W k.511 4 Z LAJ o 0 62 w a 2� OIL O 1__ Q in 0 jC +S 45' so 50' f 0 1 1 75' 4 .0 CHARLES I Resolution No. 2001 -96 Page 5 EXHIBIT B Legal Description The northerly 50 feet of the westerly 150 feet of Block A, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 5, Page 37 of Maps, in the office of the County Recorder of Said County. Except there from a 15 -foot corner radius off the northwest corner of the property dedicated to the City of Moorpark, per instrument 86- 125069. Resolution No. 2001 -96 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2001- 96 was adopted by the Redevelopment Agency of the City of Moorpark at a meeting held on the 7th day of February, 2001 and that the same was adopted by the following vote: AYES: Agencymembers Harper, Mikos, Millhouse, Wozniak and Chair Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21" day of February, 2001. . Deborah S. Traffenst�e'tft, Agency Secretary (seal) pMENT ESTABLISHED * MARCH 18, 1987 IFOa�P Y0Fhi