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CIC Resolution 04-125COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO.04 -125 RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES; AUTHORIZING COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION; CODE OF CIVIL PROCEDURE SECTION 1245.235 et seq. (2531 Blanding Avenue, Alameda, CA — Rite Aid) The Community Improvement Commission of the City of Alameda (the "CIC" or "Community Improvement Commission "), by vote of two - thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES the following: 1 CIC intends to redevelop the Bridgeside Shopping Center, a public use, and in conjunction therewith, acquire certain leasehold interests in property. The project is for redevelopment purposes authorized by the Community Redevelopment Law, namely the elimination of blight within the Business and Waterfront Improvement Project Area. 2. CIC is authorized by law to acquire the leasehold interest generally known as 2531 Blanding Avenue, Alameda, CA — Rite Aid Leasehold Interest (the "Leasehold Interest "), as shown on Exhibit A to this Resolution, by eminent domain, pursuant to the Community Redevelopment Law and the Business and Waterfront Improvement Plan. The Community Improvement Commission, a redevelopment agency, is vested with the power of eminent domain to acquire the property under the Eminent Domain Law, including California Code of Civil Procedure section 1240.010, and Section 33391 of the California Health and Safety Code and Section D.1, ' 309 of Part III of the Community Improvement Plan for the Business and Waterfront Community Improvement Project, as amended. 3. The Leasehold Interest to be acquired is part of the Bridgeside Shopping Center, Alameda, CA, as shown on Exhibit B to this Resolution. 4. On April 29, 2004, the NOTICE OF HEARING REGARDING RESOLUTION APPROVING ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES; AUTHORIZING COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION; CODE OF CIVIL PROCEDURE SECTION 1245.235 et seq. (2531 Blanding Avenue, Alameda, CA — Rite Aid) was mailed to the lessee at the address of the lessee and gave actual notice to the lessee of the hearing. The Notice advised the lessee of its rights to be heard on the matters referred to therein on the date and place stated therein. The Notice of Hearing is attached hereto as Exhibit C and is incorporated herein by reference. 5. The hearing referenced in the Notice of Hearing was held on May 18, 2004 at the time and place stated in the Notice of Hearing. All interested parties were given an opportunity to be heard. The hearing then was closed. 6. Based upon the evidence presented at the hearing, the Community Improvement Commission FINDS, DETERMINES, DECLARES AND RESOLVES each of the following: A. The public interest and necessity require the proposed project; B. 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; C. The interest in property sought to be acquired by eminent domain is necessary for the proposed project; D. The Community Improvement Commission has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Leasehold Interest, as well as any other matter regarding the right to take said property by eminent domain, including but not limited to, making the offer required by Govt. Code section 7267.2(a) and complying with existing business tenant preference requirements of the Community Redevelopment Law and its Owner Participation and Business Tenant Preference Rules and relocation assistance requirements; E. The Community Improvement Commission has fully complied with the California Environmental Quality Act, Public Resources Code § 21000 et seq.; a mitigated negative declaration has been adopted by the CIC for the proposed project, which project contemplates the acquisition of the Leasehold Interest, and, pursuant to CEQA Guidelines, Section 15162, (i) there have been no substantial project changes, (ii) there have been no substantial changes with respect to the circumstances under which the project is undertaken, and (iii) there is no new infoiniation of substantial importance, which was not known and could not have been known with reasonable diligence at the time the mitigated negative declaration was adopted, that shows any significant environmental effects or other circumstances requiring a subsequent EIR; and F. The Community Improvement Commission has authority under the Community Redevelopment Law and the Business and Waterfront Community Improvement Plan to acquire the Leasehold Interest by eminent domain. 7. Commission Attorney and Special Counsel are hereby authorized to acquire in the name of the CIC the Leasehold Interest described in this Resolution in accordance with the provisions of the California Eminent Domain Law and the Community Redevelopment Law, to commence an action in Eminent Domain, to deposit the probable amount of compensation, to apply to the Superior Court for an order permitting the CIC to take immediate possession and use of the property for redevelopment purposes, and to take all steps to acquire the property under the law. EXHIBIT A DESCRIPTION AND LOCATION OF LEASEHOLD INTEREST Property to be Acquired within the Bridgeside Shopping Center The property to be acquired is the leasehold interest in the Bridgeside Center at 2531 Blanding Avenue (the "Leasehold Interest "). The Leasehold Interest is all rights deriving from the lease entered into by Thrifty Payless, Inc., Rite -Aid #5905 ( "Rite Aid "), under that certain lease dated September 29, 1972, by and between Sutter Hill Limited, the predecessor in interest to Regency Realty Group, Inc., and Pay Less Drug Stores, Inc., as amended. The property to be acquired is generally known as 2531 Blanding Avenue, Alameda, CA, and is further described as all right, title and interest of the Lessee in the leased premises in Bridgeside Shopping Center under said lease or any other right, title, or instrument. A map showing the general location of the Leasehold Interest being acquired is shown herein, and said depiction is for illustration only. EXHIBIT A — PAGE 1 OF 2 tlit}tt CLITLISMIT1111 UMW tit 11110111■1.1411111 .. ... kl11101 11 I M.P.NERS ZUV" EXISTING TOPO :74 CM E.ONEE.S 75=,,,5!:5,55 -.5 ALIQUOT 51.42vEreRS BRIDGESIDE CENTER . . . . EXHIBIT A - PAGE 2 OF 2 ro.an 1.1 ,‘„ I TM-2 EXHIBIT B LOCATION OF SHOPPING CENTER WITHIN THE REDEVELOPMENT AREA 114100117,1r1 i / CRY OFAU, Yi al q ■ elllla el„81 low . ricEogoo IUIII ® �� vE • Legend EXPANDED BUSINESS AND WATERFRONT IMPROVEMENT PROJECT I I \ OLD BWIP (BUSINESS AND WAT ERPRON/ IMPROVEMENT PROJECT AREA CATELLUS IN OW BWIP (FISCI CATELLUS IN EXPANDED BWIP (EXCHANGE AREA) ALAMEDA POINT IMPROVEMENT PROJECT APIP (ALAMEDA POINT IMPROVEMENT PROJECT AREA) CATELLUS IN APIP (ALAMEDA POINT IMPROVEMENT PROJECT AREA) NOTE. fib map a be gapdc PaP°c° only. The G...own are a{ymvte and wa mama. tr lapel tun. WEST END IMPROVEMENT PROJECT f 1 WECIP (WEST END IMPROVEMENT PROJECT AREA) NOT A PART OF PROJECT NOT A PART OF PROJECT AREA 0 000 1600 FEET SOURCE City 06 Alameda EXHIBIT C NOTICE OF HEARING City of Alameda • California April 29, 2004 Re: NOTICE OF HEARING REGARDING RESOLUTION APPROVING ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES; AUTHORIZING COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY AND FOR ORDER OF POSSESSION; CODE OF CIVIL PROCEDURE SECTION 1245.235 et seq. (2531 Blanding Avenue, Alameda, CA — Rite Aid Leasehold Interest) Dear Property Owners: This letter is to advise you that the Community Improvement Commission of the City of Alameda (the "CIC" or "Community Improvement Commission ") intends to adopt a resolution of necessity on May 18, 2004. If adopted, the resolution will authorize the CIC to acquire the property generally known as 2531 Blanding Avenue, Alameda, California (Rite Aid Leasehold Interest in Bridgeside Shopping Center) for redevelopment purposes. You have the right to appear and be heard on the resolution. The matter is to be heard on May 18, 2004, at 7 :30 p.m., or as soon thereafter as the matter may be heard, at the City Council chambers, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California. At that time and place, the Community Improvement Commission will consider whether such a resolution of necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an action in eminent domain to acquire the property. You have the right to present oral and written information to the Community Improvement Commission if you choose. The resolution to be considered by the Community Improvement Conunission will include the following findings and determinations: A. The public interest and necessity require the proposed project; B. 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; C. The interest in property sought to be acquired by eminent domain is necessary for the proposed project; D. The Community Improvement Commission has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Leasehold Interest, as well as any other matter regarding the right to take said property by eminent domain, including but not limited to, making the offer required by Govt. Code ' 7267.2(a) and complying with existing business tenant preference requirements of the Community Redevelopment Law and its Owner Participation and Business Tenant Preference Rules and relocation assistance requirements; E. The Community Improvement Commission has fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq.; and Development Services Department 950 West Mall Square, Second Floor Alameda, California 94501 -7552 510.749.5800 • Fax 510.749.5808 • TDD 510.522.7538 email dsd @ci.alameda.ca.us • www.ci.alameda.ca.us t3 Panted an Recycled Paper Notice to Rite Aid April 29, 2004 Page 2 F. The Community Improvement Commission has authority under the Community Redevelopment Law and the Business and Waterfront Community Improvement Plan to acquire the Leasehold Interest by eminent domain. The Community Improvement Commission, a redevelopment agency, is vested with the power of eminent domain to acquire the property under the Eminent Domain Law, including California Code of Civil Procedure section 1240.010, and Section 33391 of the California Health & Safety Code and Section D.1, § 309, of Part III of the Community Improvement Plan for the Business and Waterfront Improvement Project, as amended. If you desire to be heard or to present information to the CIC on this resolution, you are required by law to file a written request with the Clerk of the Community Improvement Commission no later than fifteen days from the date of this notice. You must file your request to be heard at the Office of the City Clerk, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, CA 94501. You also should provide a copy to Marc Fontes, Business Development Manager, City of Alameda Development Services Department, City Hall West, 950 West Mall Square, Second Floor, Alameda, CA 94501. If you mail a request to be heard, please keep in mind that it must be actually received by the Clerk no later than fifteen days after the date this notice is mailed. See Code of Civil Procedure section 1245 .235(b)(3). If you elect not to appear and be heard at this hearing, your decision not to appear and be heard will constitute a waiver of your right to challenge the right of the Community Improvement Commission to acquire the property by eminent domain. Thus, the matters described in the resolution of necessity will be deemed to be established. The amount of compensation to be paid for the property will not be decided or heard at this hearing. Your nonappearance at this noticed hearing will not prevent you from claiming compensation in an amount to be determined by a court of law under the laws of the State of California. This Notice is not intended to foreclose future or ongoing negotiations between you and the representatives of the Community Improvement Commission on the amount of compensation to be paid to you for your property. At this hearing, the CIC will not make any determination about the amount of money to be paid for your property or to be offered to you. If you have any questions about this matter, please contact Marc Fontes, Business Development Manager, City of Alameda Development Services, City Hall West, 950 West Mall Square, Second Floor, Alameda, CA 94501, (510) 749 -5831. MJF:ry Very truly yours, /(Y) (V\c_,/ Marc J. Fontes Business Development Manager Notice to Rite Aid Distribution: Thrifty Payless, Inc. Rite Aid #5909 c/o Chris Bernard 56 Edith Street San Francisco, CA 94133 Store #5905 c/o Rite Aid Corporation Attention: Secretary P.O. Box 3165 Harrisburg, PA 17105 Ray Payne Rite Aid Corporation 125 E. Banker Street, Suite 155 Costa Mesa, CA 92626 Lee Rosenthal Goldfarb & Lipman 1300 Clay Street, 9th Floor City Center Plaza Oakland, CA 94612 Rite Aid Attention: Manager 2531 Blanding Avenue Alameda, CA 94501 G:\econdevUCathleen\Bridgeside \Tenants Relocation\Resolutions of Necessity\Notice to Rite Aid.DOC April 29, 2004 Page 3 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the 18th day of May, 2004, by the following vote to wit: AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4. NOES: Commissioner Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 19th day of May, 2004. Beverly Johnson, Chair Community Improve tentCo i, ission Lara Weisiger, Secretary( Community Improvement Commission