HomeMy WebLinkAboutReso 2007-038 - Disposition of Real property
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RESOLUTION NO. 2007 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE DISPOSITION OF REAL PROPERTY TO REDDING
HILL TOP CENTER, LLC, ACCEPTING THE 33433 SUMMARY REPORT,
MAKING FINDINGS REQUIRED BY CEQA, AND FINDING THAT THE
DISPOSITION OFTHE PROPERTY WILL ASSIST IN THE ELIMINATION
OF BLIGHT, IS CONSISTENT WITH THE IMPLEMENTATION PLAN
FOR THE CANBY-HILL TOP-CYPRESS PROJECT AREA, AND THAT THE
CONSIDERATION FOR THE PROPERTY IS NOT LESS THAN THE FAIR
MARKET VALUE AT ITS HIGHEST AND BEST USE
WHEREAS, the Redding Redevelopment Agency (the "Agency") is presently engaged in
redevelopment activities in the Canby-Hilltop-Cypress Redevelopment Project Area (the "Project
Area") pursuant to the Amended Canby- Hilltop-Cypress Redevelopment Plan (the "Redevelopment
Plan"); and
WHEREAS, on October 11, 2002, the Agency acquired property commonly referred to as
851 Browning Street [Assessor's Parcel Number (APN) 107-260-001], more particularly described
in Exhibit A hereto (the "Property"), for the purpose of facilitating the Browning Street Extension
Project and future commercial development; and
WHEREAS, the proposed development on the Property is to consist of a first class
commercial retail center (the "Project"), which Project is subject to the discretionary approval ofthe
City of Redding and subject to the California Environmental Quality Act (CEQA); and
WHEREAS, the proposed Vacant Land Purchase Agreement ("Agreement") with Redding
Hilltop Center, LLC provides for the disposition of the Property; and
WHEREAS, under the requirements of CEQA, a Supplemental Environmental Impact
Report (EIR-3-81 dated July 1990) was prepared for the Redevelopment Plan, and a Mitigated
Negative Declaration (UP-6-03 dated December 28,.2006) was prepared for the Project; and
WHEREAS, Community Redevelopment Law provides in Health & Safety Code Section
33433 that (1) before any property acquired, in whole or in part, directly or indirectly, with tax
increment monies is sold or leased for development pursuant to a redevelopment plan, such sale or
lease shall first be approved by the City Council, after a duly noticed public hearing of the City
Council, and (2) the Agency shall make available for public inspection a copy ofthe proposed sale
or lease and a summary which describes the financial aspects of the transaction; and
WHEREAS, a report has been prepared pursuant to Health & Safety Code Section 33433,
containing a summary describing the cost of the transaction to the Agency, the value ofthe property
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to be conveyed and other statutorily required information (the "Summary Report"), and the Summary
Report and copies of the proposed Agreement were made available to the public for inspection prior
to the hearing, as required by Community Redevelopment Law; and
WHEREAS, notice of a joint public hearing by the City Council and the Agency's Board
of Directors on the proposed Agreement has been duly published in accordance with the Community
Redevelopment Law; and
WHEREAS, the joint public hearing by the City Council and Agency's Board of Directors
was held on March 6,2007.
NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Redding
hereby:
1. Accepts the Summary Report of the proposed Agreement between the Agency and
Redding Hilltop Center, LLC; and
2. Finds that the disposition of the Property (a) will assist in the elimination of blight
and (b) is consistent with the Implementation Plan for the Project Area, and (c) that
the consideration for the Property is not less than the fair market value of the interest
to be conveyed determined at the highest and best use for the Property; and
3. Finds that pursuant to Sections 15162 and 15168(c)(2) oftheCEQA Guidelines, with
respect to the approval of the Agreement, no new effects will occur and no new
mitigation measures are required which will require major revisions to EIR-3-81 or
Mitigated Negative Declaration UP-6-03 and, as such, no new environmental
document is necessary; and
4. Approves the disposition of the real property described in Exhibit A to Redding
Hilltop Center, LLC.
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I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at
a regular meeting of the City Council of the City of Redding on the 6th day of March, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
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DICK DICKERSON, Mayor
ATTEST:
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APPROVED AS TO FORM:
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RICHARD A. DUVERNA
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EXHIBIT" A"
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 31, TOWNSHIP 32 NORTH, RANGE 4 WEST, M.D.M., DESCRIBED AS
FOLLOWS:
COMMENCING A TTHENORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 31, AS SHOWN ON THE MAP RECORDED IN
THE OFFICE OF THE COUNTY RECORDER APRIL 25, 1958 IN BOOK 20 OF LAND
SURVEYS AT PAGE 29, SHASTA COUNTY RECORDS; THENCE, ALONG THE NORTH
LINE OF SAID SECTION 31, NORTH 89009'09" EAST 479.95 FEET TO THE POINT OF
BEGINNING OF THIS PARCEL; THENCE CONTINUING ALONG THE NORTH LINE OF
SAID SECTION 31, NORTH 89009'09" EAST, 242.00 FEET; THENCE, SOUTH 00053'37"
EAST, 180.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID SECTION 31,
SOUTH 89009'09" WEST, 242.00 FEET; THENCE NORTH 0053:37" WEST 180.00 FEET TO
THE POINT OF BEGINNING.
RESERVING THEREFROM AN EASEMENT FOR STREET RIGHT-OF- WAY, INCLUDING
SIDEWALKS AND APPURTENANCES, AND TO ERECT, INSTALL, CONSTRUCT,
REMOVE, REPAIR, REPLACE, RECONSTRUCT, MAINTAIN AND USE, FOR PUBLIC
SERVICE PURPOSES, ANY AND ALL MATERIALS, FIXTURES, APPLIANCES,
EQUIPMENT, PIPES, PIPELINES, WIRES, CABLES, INCLUDING FIBER OPTICS,
NECESSARY FOR THE TRANSMISSION, DISTRIBUTION AND DELIVERY OF
ELECTRICITY, WATER, SEWER, STORM WATER, GAS, CABLE TELEVISION,
COMMUNICATIONS AND INFORMATION SERVICE UTILITIES OVER, ALONG, UPON,
UNDER AND ACROSS THE NORTHERLY 70.00 FEET OF THE ABOVE DESCRIBED
PARCEL OF REAL PROPERTY.
GRANTOR FURTHER RESERVES THE RIGHT TO:
1. GRANT SAID EASEMENT ORA PORTION THEREOF TO OTHER PUBLIC UTILITIES
OR PUBLIC AGENCIES;
2. REVIEW AND CONTROL THE PLANTING, TRIMMING, MAINTENANCE AND/OR
REMOVAL OF ANY TREES OR OTHER PLANTS WITHIN SAID EASEMENT; AND
3. ENTER UPON SAID EASEMENT FOR THE PURPOSE OF CONSTRUCTIqN,
REPLACEMENT, MAINTENANCE AND REPAIR OF ANY AND ALL PUBLIC
SERVICE FACILITIES AND APPURTENANCES WITHIN SAID EASEMENT.
AP #107-260-001