The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05161995 - H1 Contra TO: REDEVELOPMENT AGENCY Costa FROM: Phil Batchelora County Executive Director f DATE : May 16, 1995 SUBJECT: North Richmond Senior Housing SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As relates to APN 409-070-023, 024 and 025 (Jessie Lee Ford, owner; site #1 on Exhibit A) : • ADOPT Resolution of Necessity for the Senior Housing Project; • FIND AND DETERMINE that: A. The public interest and necessity require the proposed project; B. The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The properties sought to be acquired are necessary f r the project; and CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR RECO ATION OF ENCY COMMIT E APPROVE OTHER SIGNATURE (S) : ACTION OF AGENCY ON �yy� �T g APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A .✓ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Beth Lee 646-4076 ATTESTED `�✓� cc: Community Development PHIL CHEL R, County Administrators Office AGENCY SECRETARY County Counsel Auditor-Controller Public Works-Real Property Board Clerk via Redevelopment CHDC Eden Housing Alice Beasley BY , DEPUTY D. The offer of compensation required by Section 7267 .2 of the Government Code has been made to the owner or owners of record. • DIRECT the Board Clerk to file a copy of this report. FISCAL IMPACT None. No General Funds are involved. The total project is projected to cost approximately $5 million. Total project funding leveraged to date includes the Redevelopment agency' s commitment of $581, 660 in the housing set-aside portion of the North Richmond tax increment and in the Affordable Housing and Special Revenue Fund No. 1113000 $288, 000 in County Community Development Block Grant funds, $300, 000 in County HOME Investment Partnership Act funds, $100, 000 in the City of Richmond Community Development Block Grant funds, and $350, 000 in the City of Richmond HOME Investment Partnership Act funds . BACKGROUND/REASONS FOR RECOMMENDATIONS On March 7, 1995, the Agency held a public hearing on the proposed adoption of a Resolution of Necessity for the acquisition by eminent domain of real property required for the North Richmond Senior Housing project. Project background may be obtained by referring to the March 7, 1995, Agency Order. Three of the parcels being acquired by the Agency at the appraised value were thought to be owned by James Ferguson (APN #409-070-023 and 025) and Jessie Hutson (APN #409- 070-024) . However, upon preliminary title inspection is was determined that Jessie Lee Ford was the fee title owner to all three parcels due to a provision in a living will. The Agency entered into a purchase contract with Ms. Ford for the appraised value. Mr. Ferguson and Mr. Hutson continue to contest the property ownership which prohibits the title company from transferring clear title to the agency unless all parties sign a quit claim deed or the agency goes through a quiet title action. The claimants will not sign a quit claim deed without receiving compensation and the quiet title action is problematic. Counsel has advised that in order to proceed with the project under these circumstances, it is necessary for the Agency to exercise its power of eminent domain. Project financing and ultimate development will be severely impaired if the Agency does not proceed as planned with this action. Pursuant to Section 1245 . 235 of the Code of Civil Procedure, notice was given to the following persons whose names and addresses appear on the last equalized County Assessment Roll: Property #1 on Attached Site Map Jessie Lee Ford 210 Fleming Street Longview, TX 75604 James Lee Ferguson 1541 Third Street Richmond, CA 94801 James Lee Ferguson 543 8th Street Oakland, CA 94601 Jessie Hutson 33 Silver Avenue Richmond, CA 94801 This notice consisted of sending by first-class and certified mail on April 25, 1995, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday, May 16, 1995, at 2 : 30 p.m. in the Board' s Chambers, at which time they may appear to be heard on the matters referred to in the notice. I _ I 60 7o• 4 o. GROVE AVE. 569 S6'W S 25 2S -10 N ca W 0,i'{ OI m p r Lj I I V so . ll 25 25 2S Cb !� 0 - � w r So 1 w IL Y i � z n. WEST RUBY rn14. ST. o o � o -s loo' H v /oo 2S h� O �O N 3I 'ro I ro� alro n i w roy ro o 0 zs24 S 6Vs4g,w H,I 1 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY 2 Re: Condemnation of Property for RESOLUTION OF NECESSITY 3 Redevelopment Purposes North No. RA 95/214 Richmond Redevelopment Project (C.C.P. Sec. 1245.230) 4 Area. 5 The Board of Supervisors as governing body of the Contra Costa County 6 Redevelopment Agency, by vote of two-thirds or more of its members, RESOLVES 7 THAT: 8 Pursuant to Health and Safety Code Sections 33342 and 33391 the Contra Costa 9 County Redevelopment Agency intends to acquire certain real property for redevelopment 10 purposes, to wit, the clearance and elimination of blight, including the construction of a 11 senior housing development and related improvements, within the North Richmond 12 Redevelopment Project Area. The Board of Supervisors as governing body of Contra 13 Costa County and of the Redevelopment Agency has heretofore given approval to the 14 Redevelopment Plan for the North Richmond Redevelopment Project Area. The 15 Redevelopment Agency has also adopted a Replacement Housing Plan for the North 16 Richmond Redevelopment Project Area, pursuant to Health and Safety Code section 17 33413.5. The acquisition of the land and property hereinafter described is necessary for 18 redevelopment purposes as part of the Redevelopment Plan and the Replacement 19 Housing Plan. 20 The property to be acquired consists of three (3) parcels and is generally located 21 in the North Richmond area. The said property is more particularly described in 22 Appendix "A", attached hereto and incorporated herein by this reference. 23 On April 25, 1995, notice of the Agency's intention to adopt a resolution of 24 necessity for acquisition by eminent domain of the real property described in Appendix 25 "A" was sent to persons whose names appear on the last equalized County Assessment 26 Roll as owners of said property. The notice specified Tuesday, May 16, 1995 at 2:30 27 p.m. in the Board of Supervisors Chambers in the Administration Building, 651 Pine 28 Street, Martinez, California, as the time and place for the hearing thereon. 1 The hearing was held at that time and place, and all interested parties were given 2 an opportunity to be heard. Based upon the evidence presented to it, this Board finds, 3 determines and hereby declares the following: 4 1. The public interest and necessity require the proposed project; and 5 2. The proposed project is planned and located in the manner which will be most 6 compatible with the greatest public good and the least private injury; and 7 3. The property described herein is necessary for the proposed project; and 8 4. The offer required by Section 7267.2 of the Government Code was made to 9 the owner or owners of record. to The County Counsel of this County is and any counsel associated by him hereby 11 AUTHORIZED and EMPOWERED: 12 To acquire in the Agency's name, by condemnation, the titles, easements and 13 rights of way hereinafter described in and to said real property or interest(s) therein, in 14 accordance with the provisions for eminent domain in the Code of Civil Procedure and 15 the Constitution of California: 16 Parcels 1, 2, and 3 are to be acquired in fee title. 17 To prepare and prosecute in the Agency's name such proceedings in the proper 18 court as are necessary for such acquisition; 19 To deposit the probable amount of compensation, based on an appraisal, and to 2o apply to said court for an order permitting the Agency to take possession and use said 21 real property for said public uses and purposes. 22 PASSED and ADOPTED on May 16, 1995, by the following vote: 23 AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop 24 NOES: None 25 ABSENT: None 26 ABSTAIN: None 27 28 2 1 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly 2 introduced, passed and adopted by the vote of two-thirds or more of the Contra 3 Costa County Redevelopment Agency at a meeting of said Board on the date indicated 4 above. 5 Dated: May 16, 1995 Phil Batchelor, Clerk of the Board of 6 Supervisors and County Administrator 7 - By: ��„ ��1 Q�. a ) 8 Deputy cc: Public Works Department 9 Real Property Division Auditor-Controller 10 County Counsel (certified copy) County Administrator 11 12 df15: no-richl.ron 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 APPENDIX "A" PARCEL 1 ( FEE TITLE) APN: 409-070-023: Lot 11 in Block 71, as delineated upon that certain Map entitled, Map of North Richmond Land and Ferry Company Tract No. 2 which Map was filed in the Office of the County Recorder of the County of Contra Costa, State of California, on September 19, 1911, in Map Book 5, Page 124. PARCEL 2 ( FEE TITLE) APN: 409-070-024: Lot 12 in Block 71, as delineated upon that certain Map, entitled Map of North Richmond Land and Ferry Company Tract No. 2 which Map was filed in the Office of the County Recorder of the County of Contra Costa, State of California, on September 19, 1911, in Map Book 5, Page 124. PARCEL 3 ( FEE TITLE) APN: 409-070-025: Lot 13 in Block 71, as delineated upon that certain Map entitled, Map of North Richmond Land and Ferry Company Tract No. 2 which Map was filed in the Office of the County Recorder of the County of Contra Costa County, State of California, on September 19, 1911, in Map Book 5, Page 124. exhford.0